816-326-2968The holiday season brings families together, but it also creates a “perfect storm” for roadway accidents. Between increased traffic volume, distracted driving, and winter weather, your risk on the road spikes significantly. Understanding your legal rights and responsibilities is the best way to protect your family before you head out
Why Holiday Travel Is Riskier Than Most Drivers Realize
Holiday travel brings together several risk factors at once:
- Roads are more congested as families head out for gatherings or vacations.
- Drivers are often stressed, rushing, or unfamiliar with routes.
Weather conditions, especially in winter, can be unpredictable or hazardous.
Multiple data sources show that traffic fatalities increase around major holidays. In one analysis of U.S. holiday periods, researchers found that traffic fatalities related to crashes occur more often during holiday travel than on non-holiday days, largely due to these combined risk factors (Buchholz, 2024).
For example, during classic travel holidays such as Thanksgiving and Christmas, traffic deaths rise significantly. One analysis showed that major U.S. holidays, including Christmas, Thanksgiving, and Fourth of July, accounted for over 11,000 motor vehicle deaths from 2018 to 2022, and holiday driving was nearly 14% more dangerous than non-holiday periods (Cattanach, 2024).
These risks are compounded by behavior such as impaired driving and speeding, factors that have historically been tied to higher fatality rates during holiday travel.
Holiday Travel Checklist: Vehicle Safety & Legal Documents
Before any long holiday trip, preparation is one of the most effective ways to reduce risk.
Vehicle Preparation Matters
Ensuring your vehicle is well maintained isn’t just good practice, it impacts safety, and potentially legal outcomes after a crash. Poor maintenance (like worn tires or ineffective brakes) can be considered when fault is assessed after an accident.
Drivers should:
- Check tire condition and pressure
- Inspect brakes and lights
- Ensure winter weather supplies are on hand
- Why Documentation Is Important
- Before traveling, make sure you have:
- A valid driver’s license
- Current registration and insurance documents
- Emergency contacts and medical information
- Insurance and Out-of-State Laws
Many drivers don’t realize that personal injury laws vary by state. If you are involved in an out-of-state car accident, the rules for proving fault and filing a claim will follow the laws of the state where the crash occurred, not your home state
Remember, when you travel out of state, the laws of the state where the crash occurs generally govern fault and claims, so understanding local requirements where you’re traveling can make a difference later if an accident happens.
Common Holiday Driving Mistakes That Lead to Car Accidents
Holiday travel accidents often stem from things drivers think are minor but actually carry significant risk:
Rushing and Speeding
The rush to reach destinations before travel deadlines or weather changes contributes to aggressive driving behaviors. Studies have shown that holiday driving involves higher rates of speeding and harsh braking, especially when traffic volume spikes (Russel, 2023).
Distracted Driving
Holiday trips often involve navigation apps, phone use, and family conversations. Each of these are a form of distraction. Distracted driving significantly increases crash risk: research shows that activities like texting make drivers up to 23 times more likely to be involved in a crash than non-distracted drivers.
Impaired Driving
Holiday celebrations frequently involve alcohol. National data find that impaired driving contributes to a higher percentage of fatalities during holiday crashes compared with typical days (Buchholz, 2024).
Traveling With Children: Extra Responsibility Behind the Wheel
Driving with children requires heightened awareness and caution. It’s important that:
- Car seats and seatbelts are used properly
- Distractions from children are minimized
- Routes and rest stops are planned ahead
In the event of a crash involving children, prompt medical evaluation and documentation is critical both for health and for any subsequent insurance or legal processes.
What to Do If You’re in an Accident During Holiday Travel
Accidents are stressful under any circumstances, but being involved in a crash during holiday travel can feel overwhelming.
If an accident occurs:
- Ensure safety first. Move to a safe area if possible and call 911 if there are injuries.
- Seek medical care even if injuries seem minor.
- Report the accident to the police.
- Document the scene. Take photos, gather witness information, and exchange details.
- Be cautious about statements, avoid admitting fault or speculating about what happened.
If the accident occurs while traveling out of state, the accident is typically governed by the laws of the state where it occurred, which may differ from your home state.
Dealing with Insurance Companies After a Holiday Crash
Insurance claims during holiday periods can be complicated by delays and misunderstandings.
Quick Settlements Aren’t Always Best
Insurance companies may push for fast settlement offers, especially when travelers want to move on after an accident. However, accepting an early offer before understanding the full extent of injuries or long-term costs can leave injured people under-compensated.
- Know Your Coverage
- Review your policy before travel, including:
- Liability limits
- Medical payments or personal injury protection
- Uninsured/underinsured motorist coverage
Understanding these ahead of time helps you make informed decisions after an accident.
Protecting Yourself and Your Family During Holiday Travel
Holiday travel doesn’t have to be dangerous, but it does require intention and caution. Safe driving habits, proper planning, and awareness of legal responsibilities play a role in protecting both your physical well-being and your legal position.
Safe driving practices such as defensive driving, obeying speed limits, avoiding distractions, driving sober, and preparing your vehicle in advance can help minimize risk.
Stay Safe This Holiday Season. If you or a loved one has been injured in a holiday car accident, don’t navigate the legal process alone—especially if the accident happened out of state. Contact our experienced personal injury team today for a free consultation.