When people think of dangerous driving behaviors, they usually picture speeding, distracted driving, using your cell phone while driving, or drunk driving. But there’s a more subtle risk that’s often overlooked—your windshield.
At Nelson Personal Injury, we have seen firsthand how poor visibility caused by a dirty or obstructed windshield has contributed to serious car crashes throughout Minnesota.
Yes, under Minnesota law, something as seemingly minor as a dirty windshield could make a driver partially—or even entirely—liable in a car accident. Here’s what you need to know.
Why Windshield Visibility Matters More Than You Think
A windshield is your window to the road. If you cannot clearly see your surroundings, pedestrians, vehicles, or road hazards, your chances of causing or being involved in an accident increase dramatically.
According to the National Highway Traffic Safety Administration (NHTSA), driver recognition errors are a leading cause of accidents, and poor visibility plays a major role in these mistakes.
Some common visibility-related hazards caused by dirty or obstructed windshields include:
- Sun glare intensified by streaks or film on the glass
- Inability to spot pedestrians in crosswalks
- Failure to see the brake lights or turn signals of other vehicles
- Obstructed view of stop signs or traffic lights
- Snow and ice covered windshields
- Nighttime visibility issues due to hazy buildup
These conditions may not seem urgent, but when combined with high speeds or other forms of driver negligence, they can turn deadly.
Minnesota Law and the Duty to Maintain a Clear Windshield
In Minnesota, every driver has a legal duty to operate their vehicle in a reasonably safe manner. That includes ensuring their vehicle, including the windshield, is properly maintained.
According to Minnesota Statute § 169.71, windshields must be free from obstructions and in proper condition. This law specifically prohibits:
- Driving with objects or materials that obstruct the driver’s clear view
- Failing to maintain windshield wipers in good working condition
- Driving with snow, ice, or fog buildup on the windshield
While the law does not explicitly mention dust, mud, or bug splatter, courts have interpreted “obstructed view” broadly, meaning even grime, film, or pollen buildup could be used as evidence of negligence in a car crash case.
As experienced Minneapolis auto accident attorneys, we have seen these issues raised in both civil claims and insurance disputes.
Real-World Example: How a Dirty Windshield Becomes a Legal Liability
Even if the driver was not speeding or texting, the fact that their windshield was dirty—and worsened the glare—could be used by the other driver (or their insurance company) to argue:
- The driver failed to take reasonable precautions
- The dirty windshield was a preventable hazard.
- The driver’s negligence was the cause of the crash.
In a personal injury claim, that kind of evidence can reduce your ability to recover damages, or even shift liability to you.
Dirty Windshields and Comparative Fault in Minnesota
Minnesota follows a comparative fault system under Minnesota Statute § 604.01. That means a plaintiff’s damages can be reduced in proportion to their share of fault, and if they are more than 50% at fault, they cannot recover any compensation at all.
In accident cases involving unclear windshields, this could play out in several ways:
- If the at-fault driver had a dirty windshield and failed to see your vehicle in time, their negligence may make them liable.
- If you had a dirty windshield and contributed to the crash—even partially—your compensation could be reduced.
This makes it critically important to document the condition of vehicles and surroundings after a crash. Our firm routinely investigates the role that visibility, maintenance, and equipment condition play in establishing fault.
Insurance Companies Will Use It Against You
Let’s be clear—insurance companies are not on your side. They are looking for any reason to deny or minimize your claim. Something like a dirty windshield gives them a potential “out.”
They may argue:
- You were not fully attentive to road conditions
- You contributed to the accident by failing to maintain your vehicle
- Your poor visibility delayed your reaction time
This is why working with a skilled Minnesota auto accident attorney is so critical. At Nelson Personal Injury, we know how to counter these tactics and present evidence that supports your claim.
What to Do If You Were in an Accident Involving Poor Visibility
If you believe visibility played a role in your accident—whether your own or another driver’s—take the following steps:
- Take Photos Immediately: Document the condition of both vehicles’ windshields from the inside and outside.
- Record Weather Conditions: Was it foggy, sunny, raining? These factors could highlight how a dirty windshield contributed to the crash.
- Get Eyewitness Statements: A bystander may have noticed the dirty windshield or the driver’s struggle to see clearly.
- Seek Legal Advice Promptly: Do not wait for the insurance company to start blaming you. Call a trusted car accident lawyer in Minneapolis right away.
Our firm offers free consultations and can assess the facts of your case immediately.
Simple Tips to Avoid Liability From a Dirty Windshield
Preventive maintenance can protect both your safety and your legal rights. Here are simple tips that drivers should follow:
- Keep a microfiber cloth and glass cleaner in your vehicle
- Clean both the interior and exterior of the windshield regularly
- Refill the windshield washer fluid before long drives
- Replace windshield wipers at least once per year
- Avoid hanging large objects or stickers that block your field of view
- Clear frost, snow, and fog completely—do not drive until complete visibility is restored
A few minutes of effort could save you from a crash or a costly lawsuit.
We Have Handled These Cases Before
At Nelson Personal Injury, our legal team has been representing injured Minnesotans for over 40 years. We have handled hundreds of cases where visibility issues played a role—from improperly installed wipers to dirty windshields to sun glare made worse by poor vehicle maintenance.
Clients come to us when the facts are not clear-cut. We take the time to thoroughly investigate every angle and gather the necessary evidence to hold negligent drivers accountable.
If your accident involved a driver who failed to clean their windshield or maintain proper visibility, let us help you fight back.
Frequently Asked Questions (FAQ)
Can I really be held liable just because my windshield was dirty?
Yes, under Minnesota law, drivers are expected to maintain clear visibility through their windshields at all times. If a dirty windshield contributes to a crash—by impairing your ability to see hazards or react in time—you could be found partially or fully at fault under Minnesota’s comparative negligence rules.
What if the other driver had a dirty windshield—can I use that in my case?
Absolutely. If you were injured and the other driver’s dirty windshield played a role in the accident, that detail could support your claim. It may show that they were negligent in maintaining their vehicle and failed to exercise reasonable care, which can be a critical element in proving fault and recovering damages.
Is a dirty windshield the same as distracted or impaired driving in the eyes of the law?
Not exactly, but it can still constitute negligence. While not a criminal offense like DUI, failing to keep a windshield clean or clear can be seen as a breach of a driver’s duty to operate a safe vehicle. In civil cases, this type of negligence can reduce or eliminate someone’s ability to recover damages—or increase their liability.
What if sunlight or glare caused the visibility issue, not dirt alone?
Sun glare is a known visibility hazard, but if your windshield was streaked, fogged up, or grimy, that glare may be significantly worsened. Courts and insurance adjusters may consider whether proper windshield maintenance could have minimized the risk. Clean glass is essential for reducing glare.
Can I still file a claim if both drivers had visibility issues?
Yes, but your recovery may be affected by Minnesota’s comparative fault system. If both parties contributed to the crash, the court or insurance companies will assign percentages of fault. You can still recover damages as long as you are less than 51% at fault, but your compensation may be reduced based on your share of the blame.
How do I prove that the other driver’s windshield was dirty?
Take photos immediately after the crash, gather eyewitness statements, and request the police report. A skilled Minneapolis auto accident attorney can also help preserve and present this evidence as part of your injury claim.
Schedule a Free Case Review Today
Do not let a dirty windshield ruin your injury claim. If you were injured in a crash and believe poor visibility contributed to the accident, contact a dedicated accident lawyer in Minneapolis, MN today.
At Nelson Personal Injury, we understand the details that make or break a case. We will listen to your story, review the evidence, and give you a clear plan for moving forward.
Call our office today or complete our free consultation form online. You pay no fees unless we win your case.
