Icy Road Accidents | What to Watch Out For As Texas Freezes

Winter weather crashes in Texas may represent a small percentage of total annual collisions, but they result in a disproportionately high number of fatalities and serious injuries. The catastrophic 133-vehicle pileup on I-35W in Fort Worth in February 2021, which killed six people and injured dozens more, demonstrated just how deadly Texas ice can be. If someone else’s negligence caused your accident, you have the right to pursue a claim.

If you were injured in a car accident caused by icy roads in Texas, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. Texas law still requires drivers to exercise reasonable care even in winter conditions, and the at-fault driver can be held responsible for the crash. In some cases, government entities, road operators, or commercial trucking companies may also share liability.

Why Ice Accidents Are So Dangerous in Texas

Texas drivers face unique challenges during winter weather events. Unlike states in the northern U.S., Texas roads are not designed for ice, and most Texas drivers have limited experience handling frozen conditions. The National Transportation Safety Board (NTSB) investigation into the Fort Worth pileup revealed that catastrophic ice accidents are rarely caused by one factor alone. They result from a “perfect storm” of roadway physics, maintenance limitations, and driver behavior.

The dangers are amplified by several factors specific to Texas. Speed limits remain high even as conditions deteriorate. Many drivers attempt to maintain normal highway speeds despite ice and snow. And the state’s unpredictable weather means freezing conditions can develop suddenly, catching motorists off guard.

The Physics Behind Texas Ice Accidents

Understanding why ice forms where it does helps explain why these crashes are so devastating and who may be liable when they occur.

The Bridge Phenomenon: Why Elevated Roads Freeze First

Bridges, overpasses, and elevated ramps are the first roadways to freeze in Texas, often long before surface roads become dangerous. Unlike regular roads that are insulated by the earth beneath them, bridges lose heat from both the top and bottom surfaces. Cold air circulates above and below the structure, causing bridge temperatures to drop rapidly.

During the 2021 Fort Worth crash, the area had experienced 36 consecutive hours of below-freezing temperatures. The elevated toll lanes became a sheet of ice while other roads remained passable. A driver may travel confidently on a wet but unfrozen highway, only to lose control instantly upon hitting a bridge deck. This physical reality creates liability questions when road operators fail to adequately warn drivers or treat elevated surfaces.

Black Ice: The Invisible Killer

Black ice is a thin, transparent layer of ice that forms on roadways and allows the pavement color to show through. This makes it look like a simple wet patch or shadow rather than a deadly hazard. Video evidence from the I-35W crash showed the road surface appeared “shiny and reflective,” looking simply like wet pavement rather than a frozen sheet.

Black ice often forms at night or early morning when moisture from light rain, fog, or dew hits a road surface that has dropped below 32°F. Critically, it does not need to be raining heavily for ice to form. High humidity combined with freezing temperatures can cause ice to accumulate on bridges without significant precipitation. Drivers frequently have no visual warning until they have already lost traction.

The “Flash Freeze” Window

Timing is often fatal in ice accidents. In the Fort Worth incident, light mist and freezing rain began only minutes before the crash occurred. The precipitation started around 5:57 AM, and the first collision happened at approximately 6:00 AM. This creates a “flash freeze” scenario where a road that was safe moments ago suddenly becomes a skating rink.

This rapid onset of dangerous conditions raises serious questions about monitoring, warning systems, and the responsibility of road operators to close or restrict roadways when conditions deteriorate.

Avoiding Icy Road Accidents in Texas: Modern Technology Can Save Lives

The Barrier Effect in Restricted Lanes

In restricted lanes such as managed toll lanes or construction zones, concrete barriers prevent vehicles from sliding off the road into a ditch. While this sounds like a safety feature, it actually creates a more dangerous situation during ice events. Sliding vehicles bounce off the barriers and back into the path of oncoming traffic, creating unavoidable obstacles that lead to massive pileups. The I-35W toll lanes had this exact configuration, contributing to the severity of the crash.

Who Can Be Held Liable for an Ice-Related Crash?

Texas follows a fault-based system for car accidents, meaning the person or entity that caused the collision is responsible for damages. Under Texas Civil Practice and Remedies Code Chapter 33, victims can recover compensation as long as they are not more than 50% responsible for the accident. Several parties may be liable depending on the circumstances of your crash.

Other Drivers

Just because roads are icy does not excuse negligent driving. Texas law requires motorists to adjust their speed and driving behavior to match current conditions. A driver who fails to slow down, follows too closely, or loses control due to excessive speed can be held liable for resulting injuries.

“Speed too fast for conditions” is a common citation even when drivers are traveling below the posted limit. Data from the Fort Worth crash showed that just 15 minutes before the pileup, vehicles were traveling in the left lane at speeds exceeding 100 mph despite the freezing forecast. Even vehicles traveling 66 mph (under the 75 mph limit) could not stop once they hit the ice. On ice, stopping distances increase by a factor of three or more. At highway speeds, once a driver sees a stopped vehicle, it is often physically impossible to stop in time to avoid a collision.

Road Operators and Toll Authorities

The NTSB investigation into the Fort Worth crash identified significant failures by the road operator. These included inadequate monitoring of road conditions, failure to deploy environmental sensor technology, ineffective visual inspection protocols, and failure to close or restrict the roadway when conditions became dangerous.

Private toll road operators and public road authorities have a duty to maintain safe roadways. When they fail to adequately monitor conditions, warn motorists, or close dangerous road segments, they may be held liable for resulting injuries. The NTSB specifically cited the lack of Environmental Sensor Stations (ESS) on the crash segment. These sensors measure pavement temperature and grip factors in real-time. Without them, road operators were essentially guessing the condition of the road surface based on air temperature, which is often inaccurate.

Government Entities

The Texas Department of Transportation (TxDOT) is responsible for treating highways during winter weather events. When government agencies fail to adequately prepare for foreseeable conditions, fail to warn motorists of hazards, or negligently treat roadways, they may be held liable under certain circumstances.

However, claims against government entities involve strict notice requirements and deadlines under the Texas Tort Claims Act. Government entities also have limited immunity for certain types of decisions. An experienced attorney can evaluate whether you have a viable claim based on the specific circumstances of your accident.

Commercial Trucking Companies

Commercial trucks pose particular dangers during winter weather. Tractor-trailers require significantly more stopping distance than passenger vehicles, and their size makes them prone to jackknifing on slick roads. Trucking companies have a duty to ensure their drivers are properly trained, their vehicles are maintained, and their routes are planned with weather in mind. When a truck accident occurs during icy conditions, the company may share responsibility.

Maintenance Failures That Cause Ice Accidents

Even when road crews are active, specific gaps in maintenance strategies contribute to accidents. Understanding these failures helps establish liability when crashes occur.

Pretreatment Limitations

Road crews often apply “pretreatment” (usually a brine of salt and water or Magnesium Chloride) days before a storm. In the Fort Worth crash, the road was treated 44 hours prior to the accident. However, pretreatment is only a temporary measure designed to prevent ice from bonding to the pavement. It does not guarantee traction, and its effectiveness diminishes over time or can be washed away by initial rain.

When road operators rely on pretreatment applied days earlier without adequate follow-up monitoring or reapplication, they may be negligent in maintaining safe roadways.

Visual Inspection Failures

Maintenance crews traditionally patrol roads to “spot check” for ice. However, visual inspections often fail to distinguish between water and black ice. In the Fort Worth case, crews drove through the crash zone roughly 45 minutes prior to the pileup and did not detect ice because the moisture had not yet frozen or was invisible to the naked eye.

The NTSB noted that some crews test for ice by briefly slamming their brakes to see if they slide, but this training is often inconsistent or insufficient to detect isolated patches of ice on a long stretch of highway. These inadequate inspection protocols can form the basis for negligence claims.

Failure to Deploy Sensor Technology

A major contributing factor cited by the NTSB was the lack of Environmental Sensor Stations on the specific roadway segment where the crash occurred. These sensors provide real-time data on pavement temperature and surface conditions. Without them, road operators cannot accurately assess when roads become dangerous.

The failure to install available safety technology, particularly on elevated roadways known to freeze faster than surface streets, may constitute negligence when that failure contributes to crashes.

If you or a loved one was injured in an ice-related crash, the experienced personal injury lawyers at Varghese Summersett can help you understand your options. Call (817) 203-2220 for a free consultation.

Types of Compensation Available After an Ice Accident

Victims of ice-related car accidents in Texas can pursue both economic and non-economic damages. The specific compensation available depends on the severity of your injuries and the impact on your life.

Economic Damages

Economic damages compensate you for financial losses that can be calculated with receipts, bills, and documentation. These include emergency room visits and hospital stays, surgeries and medical procedures, physical therapy and rehabilitation, prescription medications, medical equipment and assistive devices, lost wages during recovery, loss of future earning capacity, vehicle repair or replacement costs, and out-of-pocket expenses related to your injuries.

Non-Economic Damages

Non-economic damages address the intangible ways an accident affects your life. These include physical pain and suffering, emotional distress and mental anguish, loss of enjoyment of life, disfigurement and scarring, loss of consortium (impact on relationships), and permanent disability or impairment. Under Texas Civil Practice and Remedies Code Chapter 41, punitive damages may also be available in cases involving gross negligence or egregious conduct.

Wrongful Death Claims

When an ice accident results in death, surviving family members may pursue a wrongful death claim. Texas law allows spouses, children, and parents of the deceased to seek compensation for funeral and burial expenses, loss of financial support, loss of love, companionship, and guidance, and mental anguish and emotional suffering.

How Texas Comparative Negligence Affects Your Claim

Texas uses a modified comparative negligence system, which means your compensation may be reduced if you share partial fault for the accident. For example, if you were speeding when you hit ice and collided with another vehicle that failed to yield, the jury might find you 30% at fault. Your total recovery would be reduced by that percentage.

The critical threshold is 51%. If you are found more than 50% responsible for the accident, you cannot recover any compensation under Texas law. Insurance companies understand this rule and often try to shift blame onto victims. They may argue you were driving too fast, following too closely, or failed to take appropriate precautions.

Evidence That Proves Liability

Proving liability in ice-related accidents requires thorough investigation. Evidence may include weather reports and road condition data from the National Weather Service, TxDOT treatment records and response timelines, toll road operator maintenance logs, Environmental Sensor Station data (if available), traffic camera and surveillance footage, witness statements, vehicle event data recorders (“black boxes”), accident reconstruction analysis, and 911 call records and first responder reports.

The sooner you begin building your case, the more evidence will be available. Road operators may overwrite surveillance footage, and electronic data can be lost if not preserved promptly.

Driver Behavior: How “Normalcy Bias” Causes Crashes

Texas drivers are habitually accustomed to high speeds and dry pavement, leading to dangerous behaviors when conditions change. Understanding these patterns helps establish fault when crashes occur.

Speeding Relative to Conditions

You do not have to break the speed limit to be driving dangerously. Posted speed limits are set for dry conditions. When roads are icy, “reasonable and prudent” speed is often significantly lower than the posted limit. Drivers who maintain highway speeds during winter weather warnings may be negligent even if they are technically within the speed limit.

The Cruise Control Danger

Using cruise control on slick surfaces is a major cause of loss-of-control accidents. Cruise control delays the driver’s recognition of traction loss and can cause the vehicle to accelerate when the wheels begin to slip. A driver using cruise control on icy roads who loses control and causes a collision may bear significant liability for the crash.

Following Too Closely

On dry pavement, a two-second following distance is considered safe. On ice, drivers need five to six seconds (or three times the normal distance) to stop safely. Drivers who tailgate during winter weather and rear-end stopped vehicles can be held fully liable for resulting injuries.

Common Injuries from Winter Weather Accidents

The high-speed nature of Texas highway crashes combined with icy conditions frequently results in severe injuries. Multi-vehicle pileups, which are common during winter weather events, can involve dozens of cars and result in catastrophic harm.

Traumatic Brain Injuries

The violent forces involved in ice-related collisions often cause traumatic brain injuries, ranging from concussions to severe TBI requiring lifelong care. Symptoms may not appear immediately, making it essential to seek medical attention after any winter weather crash.

Spinal Cord Injuries

Spinal cord injuries can result in partial or complete paralysis, fundamentally changing a victim’s life. The force of a crash on icy roads, particularly when a vehicle rolls over or is struck by a commercial truck, can cause devastating damage to the spine.

Broken Bones and Orthopedic Injuries

Fractures are extremely common in ice-related accidents. The impact of a collision can break arms, legs, ribs, pelvis, and facial bones. Many victims require multiple surgeries and extensive physical therapy to recover.

Internal Injuries

The blunt force trauma from a crash can damage internal organs, causing internal bleeding that may not be immediately apparent. Delayed symptoms are common with internal injuries, which is why prompt medical evaluation is critical.

Whiplash and Soft Tissue Injuries

Even lower-speed ice accidents can cause whiplash injuries and damage to muscles, ligaments, and tendons. While these injuries may seem minor initially, they can result in chronic pain and long-term limitations.

What to Do After an Ice-Related Car Accident

The steps you take immediately following an ice accident can significantly impact your ability to recover compensation. If you are physically able, take the following actions to protect yourself and your claim.

Prioritize Safety

If you are able to move and it is safe to do so, get to the side of the road away from traffic. Turn on your hazard lights and set out flares or reflective triangles if available. During winter weather events, the risk of secondary collisions is extremely high. If you cannot exit your vehicle safely, stay inside with your seatbelt fastened and call 911. If you slide off the road and become stranded, stay in your vehicle. Do not walk away in a storm.

Call 911 and Report the Accident

Always call law enforcement to report the accident, even if injuries seem minor. The police report will document the scene, weather conditions, and statements from those involved. This official record is valuable evidence for your claim.

Seek Medical Attention

Get evaluated by medical professionals as soon as possible. Some injuries, including traumatic brain injuries and internal bleeding, may not present obvious symptoms immediately. Prompt medical documentation also establishes a clear connection between the accident and your injuries.

Document the Scene

If you can do so safely, take photographs and video of the accident scene, vehicle damage, road conditions, and any visible injuries. Note the presence of ice, standing water, or other hazards. A road that looks “wet” but produces no spray from other vehicles’ tires is a classic sign of black ice. Get contact information from witnesses who saw the accident.

Be Careful What You Say

Avoid admitting fault or apologizing at the scene, as these statements can be used against you later. Stick to the facts when speaking with police. Do not provide recorded statements to insurance companies without consulting an attorney.

Contact a Personal Injury Attorney

Before accepting any settlement offer or signing any documents from an insurance company, speak with an experienced injury lawyer. Ice accident cases often involve complex liability questions, including potential claims against road operators, government entities, and multiple drivers.

Why Insurance Companies Fight Winter Weather Claims

Insurance adjusters know that ice-related accidents present unique challenges for victims. They exploit these complexities to minimize payouts or deny claims entirely.

Blaming the Weather

Insurers often argue that the weather was an “act of God” and that no one could have prevented the accident. While weather contributes to accidents, it does not excuse negligent driving. Drivers have a duty to adjust their behavior to conditions, and those who fail to do so can be held liable.

Shifting Blame to You

Insurance companies frequently try to argue that victims contributed to their own injuries by driving in bad weather, traveling too fast, or failing to maintain control. They understand that reducing your recovery by even a small percentage saves them money, and that finding you more than 50% at fault eliminates their obligation entirely.

Disputing the Severity of Injuries

Adjusters may claim your injuries existed before the accident, are not as serious as you claim, or do not require the treatment you received. They may request independent medical examinations with doctors who are known to minimize injuries.

Making Quick, Low Settlement Offers

Insurance companies often approach victims shortly after an accident with settlement offers that seem generous but are actually far below the true value of the claim. They count on victims being overwhelmed by medical bills and eager to resolve their claims quickly.

The personal injury team at Varghese Summersett has extensive experience fighting back against insurance company tactics. Our attorneys thoroughly investigate every case, consult with experts when necessary, and build strong claims designed to maximize recovery. With offices in Fort Worth, Dallas, Houston, and Southlake, we represent injured Texans across the state.

The Claims Process and Timeline

Understanding what to expect after an ice accident helps you prepare for the road ahead. While every case is different, most personal injury claims follow a general timeline.

Initial Investigation

Your attorney will gather evidence, obtain police reports and medical records, interview witnesses, and consult with experts as needed. In ice accident cases, this may include obtaining weather data, road treatment records, and any available sensor data from the road operator. This phase may take several weeks to several months depending on the complexity of the case.

Medical Treatment and Maximum Medical Improvement

It is generally advisable to wait until you have completed treatment or reached maximum medical improvement (MMI) before settling your claim. Settling too early means you may not recover compensation for future medical needs that were not yet apparent.

Demand and Negotiation

Once your damages are fully documented, your attorney will send a demand letter to the insurance company outlining your injuries, treatment, and requested compensation. The insurance company will respond, and negotiations will follow. Many cases settle during this phase.

Filing a Lawsuit

If negotiations do not produce a fair settlement, your attorney may recommend filing a lawsuit. Under Texas Civil Practice and Remedies Code § 16.003, personal injury claims must generally be filed within two years of the accident. Claims involving government entities have shorter deadlines and additional notice requirements.

Discovery and Litigation

After a lawsuit is filed, both sides exchange information through discovery. This process includes written questions (interrogatories), document requests, and depositions. Discovery can take several months to over a year in complex cases involving multiple defendants.

Trial or Settlement

Most cases settle before trial, but having an attorney who is prepared to go to court strengthens your negotiating position. If your case does go to trial, a jury will hear evidence and determine liability and damages.

Warning Signs Every Texas Driver Should Know

Based on NTSB findings and TxDOT research, drivers are most at risk in Texas when temperatures are near or below freezing (32°F) and any moisture (fog, mist, or rain) is present. Elevated structures like bridges and ramps will be icy even if surface streets are wet but safe. A road that looks “wet” but produces no spray from other vehicles’ tires is a classic indicator of black ice. And traveling at posted highway speeds during winter advisories is dangerous because “reasonable and prudent” speed on ice is often far below the posted limit.

If you recognize these conditions, slow down significantly, increase your following distance, and never use cruise control. If you lose control despite taking precautions because another driver was negligent or road conditions were not properly managed, you may have a claim.

Frequently Asked Questions

Can I sue if I crashed on ice because the road was not treated?

Possibly. Government entities like TxDOT and private toll road operators have a duty to maintain safe roadways, but they also have various legal protections. The NTSB investigation into the Fort Worth pileup identified multiple failures by the road operator, including inadequate monitoring and failure to close the roadway. An experienced attorney can evaluate whether you have a viable claim based on the specific circumstances of your accident.

What if the other driver says the ice caused the accident, not their driving?

Weather conditions do not eliminate driver responsibility. Texas law requires drivers to adjust their speed and behavior to match current conditions. If another driver was speeding, following too closely, using cruise control on ice, or otherwise driving negligently when they lost control and hit you, they can still be held liable for your injuries.

How long do I have to file a claim after an ice-related accident?

In Texas, you generally have two years from the date of the accident to file a personal injury lawsuit. However, claims against government entities have much shorter notice deadlines, sometimes as little as six months. It is important to consult with an attorney as soon as possible to ensure you do not miss any critical deadlines.

What if I was partially at fault for the accident?

You can still recover compensation as long as you were not more than 50% at fault. Your recovery will be reduced by your percentage of responsibility. For example, if you were 20% at fault and your damages totaled $100,000, you could recover $80,000.

Should I accept the insurance company’s settlement offer?

You should consult with an attorney before accepting any settlement offer. Insurance companies often make quick offers that are far below the true value of your claim. Once you accept a settlement, you cannot go back and ask for more money, even if your injuries turn out to be worse than initially expected.

What to Expect From Varghese Summersett

When you hire Varghese Summersett to handle your ice-related car accident claim, you get a team of dedicated professionals committed to fighting for your rights. Our firm has more than 70 team members across four Texas offices in Fort Worth, Dallas, Houston, and Southlake, giving us the resources to handle complex cases involving multiple parties, serious injuries, and disputed liability.

We investigate every case thoroughly, consulting with accident reconstruction experts, medical professionals, meteorologists, and other specialists as needed. We obtain road operator maintenance records, weather data, and sensor information when available. We handle all communication with insurance companies so you can focus on your recovery. And we prepare every case as if it is going to trial, because that preparation strengthens our negotiating position and ensures we are ready if the insurance company refuses to offer fair compensation.

Our attorneys work on a contingency fee basis for personal injury cases, meaning you pay nothing unless we recover compensation for you. Past results do not guarantee future outcomes, but our track record demonstrates our commitment to achieving the best possible results for those we represent.

An ice-related car accident can change your life in an instant. Medical bills pile up. You miss work. Pain becomes a constant companion. The insurance company offers you a fraction of what you deserve and expects you to take it. You do not have to face this alone. The injury attorneys at Varghese Summersett are ready to fight for the compensation you need to move forward. Call (817) 203-2220 today for a free consultation.