Is a Driver the Only One at Fault for a Crash on an Icy or Wet Road?

A winter morning in Tacoma brings a sheet of black ice, or a sudden downpour leaves the highway slick with oil and water. You’re driving cautiously, but despite your best efforts, your car loses traction, and a collision occurs. In the aftermath, the natural assumption is that the accident was either your fault for losing control or another driver’s fault for sliding into you.

In most cases, this is true. Drivers have a fundamental legal duty to adjust their speed and driving habits to match the current road conditions.¹ However, is the driver always the only one who can be held responsible for a crash on a hazardous road?

The answer is no, not always. While the driver’s actions are the primary focus, there are specific circumstances where a third party—such as a government entity responsible for maintaining the road—can be held partially or even fully liable for an accident.² Proving this, however, is a complex legal challenge.

Useful Information for You: In a Nutshell

• The Driver Has the Primary Duty: Washington law requires all drivers to operate their vehicles in a manner that is reasonable and prudent for the given conditions, including ice, snow, and rain.
• Government Entities Can Be Liable: A city, county, or state transportation department can be held at fault if the accident was caused by their negligence in designing, maintaining, or warning of a dangerous road condition.
• Proving Government Negligence is Difficult: You must prove that the government agency knew (or should have known) about the specific hazard and failed to take reasonable steps to fix it in a reasonable amount of time.
• Other Drivers Can Still Be at Fault: Even on an icy road, a driver who is speeding, tailgating, or otherwise driving recklessly can still be held liable for causing a crash.³
  
   
• These are Complex, Fact-Specific Cases: Determining liability in these situations requires a deep investigation and an understanding of specific laws governing government liability.

The Driver’s Duty: The First Line of Responsibility

The foundation of any weather-related accident claim is the driver’s duty of care. The Washington State Driver Guide and traffic laws are clear: if the road is wet or icy, you must slow down, increase your following distance, and drive with extreme caution.⁴

If a driver loses control on an icy patch and causes a crash, the first question an insurance company will ask is, “Were they driving at a speed that was safe for the conditions?” In many cases, even if they were driving at or below the posted speed limit, they can still be found negligent if that speed was too fast for an obviously hazardous road.

When a Government Entity Might Be At Fault

While drivers must be cautious, the government also has a duty to keep public roads reasonably safe. A city (like the City of Tacoma), a county (like Pierce County), or the state (Washington State Department of Transportation – WSDOT) can be held liable under a theory of premises liability.

Here are some scenarios where a government entity could be at fault:

• Failure to De-Ice or Plow: If a specific, known problem area (like a bridge that always freezes over, such as the Tacoma Narrows Bridge) is not salted or sanded within a reasonable time after a storm, the agency could be held liable.
• Poor Road Design: If an intersection is designed with a dangerous curve or a poor line of sight that becomes especially hazardous in the rain, the entity that designed it could be at fault.⁵
  
   
• Inadequate Drainage: If a roadway is known to flood dangerously every time it rains due to poor drainage, and the city has failed to fix it, they may be liable for accidents caused by hydroplaning.⁶
  
   
• Failure to Warn: If there is a recurring hazard like a rockslide area or a perpetually icy patch, and the government fails to put up adequate warning signs, they could be held responsible.⁷
  
   

The Challenge: Proving Government Negligence

Suing a government entity is much more difficult than a standard car accident claim. In Washington, while the state has waived its “sovereign immunity” (meaning it can be sued), you still face a high burden of proof. You typically have to show:

1. The hazardous condition was not obvious.
2. The government agency had notice of the specific dangerous condition.
3. They had a reasonable amount of time to address the problem.
4. They failed to take reasonable steps, and this failure was the direct cause of your accident.

This often requires internal maintenance records, weather reports, and expert testimony to prove.

Even on a slippery road, the core principles of negligence still apply. If another driver was tailgating, texting, or driving recklessly for the conditions and caused a crash, they are still at fault. The weather becomes a contributing factor, but it does not excuse a driver’s negligent behavior.⁸

These cases are among the most complex in personal injury law. If you’ve been injured in an accident on a wet or icy road in the Tacoma area and believe poor road maintenance or another driver’s carelessness was to blame, search the Car Accident Lawyer Directory Tacoma. Compare profiles and find a trusted local attorney with the resources and expertise to investigate all potential sources of liability.

References

• Revised Code of Washington (RCW 46.61.400) – Basic rule and maximum limits:The official state law that establishes the “basic speed rule,” requiring drivers to travel at a speed that is “reasonable and prudent under the conditions,” regardless of the posted limit.

  https://app.leg.wa.gov/rcw/default.aspx?cite=46.61.400

• Revised Code of Washington (RCW 4.92.090) – Tortious conduct of state—Liability for damages:The state law that waives sovereign immunity, making the state of Washington liable for damages arising out of its negligent conduct, just like a private person or corporation.9

  https://app.leg.wa.gov/rcw/default.aspx?cite=4.92.090

• Washington State Department of Transportation (WSDOT) – Road weather information:Official resource showing how WSDOT monitors and addresses weather-related road hazards.

  https://wsdot.com/travel/weather