Anyone who’s lived through a Buffalo winter knows how fast it turns. You leave Elmwood with dry pavement, and by the time you hit the 190 near Hamburg you’re in a whiteout band coming off Lake Erie. Lake-effect snow can drop several inches an hour over one part of the county while another stays clear. It’s part of life here, and New York law treats it that way.
Can a driver blame the snow?
Usually not. New York courts recognize an “emergency doctrine” that can excuse a driver who reacted reasonably to a sudden, unexpected situation they didn’t create. But a court is unlikely to call snow in Western New York in January unexpected, especially when forecasts warned of it. Drivers are expected to adjust. That means slowing well below the limit, leaving more following distance, clearing snow and ice from windows and roofs, and using headlights.
A driver who slides through a red light on Delaware because they were going too fast for the conditions is usually at fault. A driver rear-ended while stopped in traffic during a storm will generally have the benefit of the rear-end presumption.
What about black ice?
Black ice is the closest thing to a real surprise, since you often can’t see it. Even so, a driver who knew temperatures were hovering around freezing and the road was wet may be expected to anticipate it. These cases turn on facts like temperature, time of day and whether other cars were sliding nearby.
Does a travel ban change things?
Erie County and the State sometimes issue travel bans during major storms. Driving during a ban doesn’t automatically make someone at fault for a crash, but it can be strong evidence that they took an unreasonable risk. If the other driver was out during a ban for no essential reason, that fact may matter. If you were, the same argument can be used against you.
What about plows and salt trucks?
Crashes with city, county or town plows come up every winter. These claims run against a government, so a notice of claim is due within 90 days, and the lawsuit within one year and 90 days. New York law gives plow operators some protection while actually working on a road during a storm, and in many situations liability requires showing reckless disregard rather than ordinary carelessness. These cases are hard, but not impossible. See our notice of claim guide.
State DOT and Thruway plows on the 190, the 90 and the 33 bring the Court of Claims into it. Read our Court of Claims guide.
What about poorly cleared roads?
Governments aren’t expected to keep roads bare during a storm. Claims usually require showing that a specific hazard was left too long after the storm ended. Private property owners, like a plaza parking lot, can be responsible for unreasonable delays in clearing ice after a storm.
What should you do after a winter crash?
- Get to safety. Stay in your car if it’s safe and you’re off the road, and turn on hazards.
- Call 911 if anyone is hurt or vehicles are blocking traffic.
- Photograph the road surface, snow depth, visibility and the other vehicle’s snow-covered windows or lights.
- Note the time and the weather, including whether a travel ban or advisory was in place.
- File your MV-104 within 10 days if required. See our crash report guide.
How does the 2026 rule cut here?
Winter crashes often involve fault on both sides, like one driver too fast and another stopped in a bad spot. For no-fault suits filed on or after May 26, 2026, an injured driver more at fault than the defendants combined can’t recover. That makes documentation of road conditions and each driver’s choices important. See our fault guide.
The short version
- Snow is expected in Buffalo, so it rarely excuses a crash.
- Driving during a travel ban can be evidence of carelessness.
- Plow claims require a notice of claim within 90 days and often a showing of reckless disregard.
- Photograph the conditions before they change.
Due care does not take a snow day
A lake-effect squall on the Scajaquada, the Skyway or Elmwood Avenue does not erase a driver’s duty of due care. VTL ยง 1146 still requires every driver to exercise due care to avoid colliding with a bicyclist or pedestrian, and to sound the horn when necessary. A winter crash that injures a walker crossing Delaware Avenue can still be a due-care violation, with the same traffic-infraction penalties and the rebuttable presumption that the failure to use due care caused the injury.
You still have to file an MV-104 within 10 days if someone was hurt or if property damage to any one person exceeds $1,000, per the DMV motorist report page, and a no-fault notice is generally due within 30 days. Snow does not pause those clocks.
New York’s minimum liability coverage, described on the DMV insurance-requirements page, is $25,000 for bodily injury to one person, $50,000 for injury in one crash, $50,000 and $100,000 if a death is involved, and $10,000 for property damage. A serious lake-effect crash can exceed those numbers quickly, which is why your own SUM or underinsured coverage, if you bought it, matters as soon as the first estimates come in.
This page is general information. Each winter crash depends on its own facts. You can browse car accident attorneys around Buffalo.