Published: 2010-01-21

Article provided by Law Offices of Michael P. Burakoff, P.A.
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They’re sometimes known as "ice missiles," and for good reason: Throughout the northern U.S., ice flying off of vehicles has caused injuries, snarled traffic and even resulted in death. In 2007, the Pennsylvania Turnpike was closed for six hours when a tanker truck carrying a flammable liquid rolled over after being hit by ice from a tractor trailer. In early 2010, a Chicago-area man was injured and his face disfigured when ice from a truck passing in the opposite direction was dislodged and struck his windshield.

Although bills designed to prevent these ice missiles have been discussed in Pennsylvania and Connecticut, in October of 2009 New Jersey took the lead in protecting motorists by enacting a law requiring motorists to remove accumulated ice and snow from their vehicles prior to operation.

Since 1997 New Jersey law has called for fines in instances when snow or ice has fallen from a vehicle and struck another vehicle or pedestrian. That law was enacted after a Ridgewood man was killed in 1996 when flying ice smashed his windshield. But the new law, enacted in 2009, goes farther by affirmatively requiring the operators of motor vehicles (not necessarily the owners) to “to make all reasonable efforts to remove accumulated ice or snow” prior to driving, and authorizing law enforcement to stop and ticket drivers. The law is thought to be the first of its kind in the nation.

Details of the New Law

The new law targets only snow and ice that has accumulated on vehicles before they are driven, not any accumulation that may happen while on the road during a storm. Also, violators will not lose points against their driver’s license or insurance eligibility, and no one will be subject to more than one fine per day.

Fines under the new law will be between $25 and $75 per occurrence, regardless of whether any snow or ice is actually dislodged from the vehicle. In cases when snow or ice is dislodged and causes injury or property damage, the fine ranges from $200 to $1,000 for non-commercial vehicles, and from $500 to $1,500 for commercial vehicles.

Although the law passed both houses of the New Jersey Legislature without opposition, trucking groups felt it would be difficult for commercial truck drivers to comply, so the law will not take effect until one year from its passage, meaning that it will not come into play until the winter of 2010-2011. This will give the Division of Highway Traffic Safety time to make the public aware of the new law, and allow private companies to install de-icing facilities around the state at locations such as ports, truck stops and weigh stations.

Little Data Available on These Accidents

Although anecdotal evidence from around the country indicates that this is a widespread problem, data on the number and severity of these ice missile accidents is hard to come by. For that reason, the new law calls for the Director of the Division of Highway Traffic Safety to work with law enforcement to collect information on the frequency of such accidents and make recommendations for reducing the number of accidents. Fines collected under the new law will support this data collection effort, as well as supporting the public awareness campaign and providing grants to private companies to encourage installation of ice-removal equipment.

Even though the fines per violation may seem small, it is important to remember that for the first time New Jersey drivers are being affirmatively required to remove snow and ice from their cars and trucks, and that for the first time law enforcement officers may stop a vehicle for failure to do so. Additionally, if a driver involved in an accident or other injury fails to heed this new law, in some situations this may be evidence of negligence, which may allow the accident victim to collect damages from the negligent driver. An attorney can help explain your rights if you are involved in an accident involving falling snow or ice.

Because accidents involving falling ice or snow happen suddenly, it is often difficult for victims to identify the vehicle responsible. But if you or someone you know has been injured or sustained damage to your car in such an accident, try to recall any distinguishing features of the vehicle responsible, and talk to any eyewitnesses who may have seen what happened. You should also talk to an experienced personal injury attorney to learn more about your legal rights after an accident, or if you have any questions regarding this new law.