Who Is Responsible for a Car Accident in Bad Weather?

Snow, ice, wind, rain and fog can make driving extremely difficult. Unsurprisingly, weather-related car accidents are a very common occurrence in Canada.

When a car accident happens in adverse weather conditions, who is to blame? That question will be front of mind if you’ve been involved in a weather-related crash—especially if you’ve been seriously injured. 

Today’s post is about liability for motor vehicle accidents when weather conditions played a role, and how the question of fault can have a negative impact on the compensation you receive in a personal injury claim. 

If you’ve been hurt in a weather-related accident, we welcome you to connect with an Oshawa, Lindsay and Whitby accident lawyer at Kelly Greenway Bruce. We can push back against an unfavourable fault determination, ensure your claim is properly handled, and work hard to maximize the compensation you receive for your accident injuries. 

Driver Responsibility for Bad Weather Car Crashes

Bad weather can produce hazardous driving conditions, but bad weather does not excuse a driver from exercising caution and reasonable care when operating a vehicle. An Ontario driver can be liable for a car accident that happens in poor weather—even if they were driving at the speed limit when the accident occurred.

For example, a driver can be found wholly or partially at fault for a crash in these and other weather-related situations: 

• Driving at an unsafe speed given the current weather and road conditions. If snow is blowing, rain is falling heavily, or roads are icy, wet, or snow-covered, a driver can be held responsible for a crash, even if they weren’t speeding. The posted speed limit may be too fast if roads are slippery or visibility is reduced. 
  

• Failing to maintain a safe following distance. It can be difficult to slow down and stop when roads are icy, wet, or snow-covered. Drivers who fail to leave enough space between vehicles will bear responsibility if a collision occurs. 
  

• Poor vehicle maintenance (e.g., worn/improper tires, ineffective windshield wipers, poor brakes, vehicle lights not on/operating).

The bottom line is that drivers are expected to properly respond to weather and road conditions. Failure to do so can lead to a finding of negligence against a driver. 

How Does Negligence Impact Your Personal Injury Claim?

Personal injury claims to recover compensation are based in negligence. To succeed in a personal injury claim, you must prove that the negligence of another person (the defendant) caused your losses or damages. For example, if the defendant driver was following too closely given the weather conditions and rear-ends your vehicle, they will not be able to “blame the weather” to defeat your personal injury claim. 

However, in response to your personal injury claim, the defendant will likely raise the defence of contributory negligence. The essence of contributory negligence is that you did something or failed to do something that caused or contributed to your own losses or damages, either in whole or in part. 

If contributory negligence is established by the evidence, fault will be apportioned between you and the defendant. Contributory negligence is assigned using percentages, ranging from 0% to 100%. If the defendant proves that your own negligence contributed to the accident or the injuries you suffered, your damages will be reduced by the percentage of fault assigned to you.  

The compensation you receive in a personal injury claim will be reduced by the degree of fault apportioned to you. For example, if you’re found to be 25% at fault because you were driving too fast for the weather conditions, 100% of your damages and losses will be determined, but you will receive 75% of what your claim is worth. 

Does Negligence Impact Your Accident Benefits Claim?

You are entitled to recover statutory accident benefits even if you were contributorily negligent. In fact, you are entitled to accident benefits even if you were 100% at fault for the accident. Every Ontario automobile insurance policy contains a mandatory accident benefit component. That coverage allows you to access various benefits, whether the accident was your fault or someone else’s (hence why they are referred to as “no fault” benefits). 

You can claim for benefits including medical and rehabilitation benefits, attendant care benefits, and income replacement benefits. Accessing benefits is often difficult and complicated, so it’s wise to contact an accident benefits professional for assistance with your no-fault benefits claim.

Reach Out to An Experienced Car Accident Lawyer 

Whitby, Linsday, and Oshawa lawyers at Kelly Greenway Bruce are here to help if you or a loved one has been hurt in a motor vehicle accident. Our team of legal professionals can guide you through the entire process of bringing a personal injury claim and filing an accident benefits claim. 

We are skilled at investigating accidents and securing evidence to push back against allegations of fault and contributory negligence that could otherwise hurt your claim. Let us prepare a strong case and deal with the insurance company so you can focus on recovering from your injuries. 

Kelly Greenway Bruce is a full-service law firm with extensive experience in personal injury matters serving Oshawa, Lindsay, Kawartha Lakes, Durham Region, GTA and surrounding areas. Contact us today for a free case evaluation with an experienced Oshawa, Lindsay, or Whitby accident lawyer.