
After the recent winter storm swept through Maryland, my team at SG Legal Group has been hearing the same refrain from insurance companies and defense attorneys: “It was icy—no one is at fault.” That statement is wrong far more often than it’s right.
I handle car accident cases across Maryland, and I’ve litigated—and settled—numerous claims arising from snow and ice. In this article, I explain how Maryland law treats crashes on icy roads, why extreme weather is not a free pass from responsibility, and what I recommend you do immediately if you’re injured after a winter storm.
Watch The Video Overview
In the days following a winter storm, the same patterns repeat themselves:
In several cases I’ve handled, insurers openly postured that they would raise the “sudden emergency” defense at trial and argue there was no negligence because of the weather. I’ve successfully countered those arguments, and those cases ultimately settled.
The key point is simple: weather explains conditions—it does not excuse negligence.
One misconception I hear constantly is that icy roads somehow change the legal standard. They do not.
Under Maryland law, the same negligence rules apply in winter storms as they do on a sunny day. A driver must operate a vehicle with reasonable care under the circumstances. When conditions are dangerous, the duty of care increases—it does not disappear.
This means:
I regularly argue that a snowstorm is not an “act of God.” The negligent act often begins the moment a driver chooses to operate a vehicle that is not equipped for ice or is driven by someone unprepared for the conditions.
Defense attorneys love to invoke phrases like sudden emergency or act of God after winter storms. These defenses sound persuasive, but they are narrowly applied.
A sudden emergency must be:
Ice on Maryland roads after a forecasted winter storm is neither unexpected nor unforeseeable. Drivers know—or should know—that roads may be slick, especially on bridges.
I have successfully argued that:
In one icy bridge case I handled, four vehicles lost control and struck my client’s vehicle, which had not lost control at all. Every insurance carrier denied liability. We litigated for years due to procedural complications, but the case ultimately settled for full value before trial after I established that each driver’s lack of skill and preparation—not the weather—caused the collision.
Maryland follows pure contributory negligence, one of the harshest doctrines in the country. If an injured person is found even 1% at fault, recovery is barred entirely.
Importantly, contributory negligence applies the same way in icy-road cases as it does in all others.
Insurers may argue:
This is why early case handling matters. Statements made casually after a crash can later be twisted into admissions of fault.
When insurers argue that ice excuses negligence, objective evidence is what turns the case.
I frequently rely on:
Weather data is especially powerful because it proves drivers had advance notice of hazardous conditions.
If you’re injured in an icy road crash, what you do next can make or break your case. I consistently advise clients to:
1. Document the Scene Thoroughly
Take photos and videos of:
2. Seek Medical Treatment Immediately
Delays in treatment are one of the biggest obstacles insurers use to dispute injury claims.
3. Do Not Speak to Insurance Companies Alone
Insurance adjusters are trained to elicit statements that can be used against you later. Representation matters.
4. Stay Off Social Media
I tell every client to assume anything posted online will become a trial exhibit. Even innocent posts can be mischaracterized.
In addition to car accidents, I also represent clients injured in slip-and-fall cases against private property owners who fail to properly treat their premises after snow and ice. The same core principle applies: weather does not absolve a property owner of reasonable care obligations.
Winter storms create dangerous conditions, but they do not eliminate accountability. In Maryland, drivers must adjust to the conditions—or stay off the road. When they fail to do so, they can and should be held responsible for the harm they cause.
If you were injured in an icy road crash after a winter storm, do not accept an insurer’s claim that “no one is at fault” without speaking to an attorney who understands how these cases are actually litigated.
If you or a loved one was injured, contact me at SG Legal Group. My team and I will help you understand your options and pursue the compensation you deserve. Call 410-618-1277 or visit our Contact page to schedule a consultation.
This article provides general information and is not legal advice. For advice about your situation, please contact me directly.
Joshua C. Sussex, Esq.
Stay informed with our latest articles and resources.