In the mind of a driver, it might seem like the weather could be blamed for a winter accident. Understand that the insurance companies do not allow drivers to blame the weather. Insurers hold all drivers responsible for controlling their respective vehicle. Insurers do not pretend that such a job can be carried out with ease on an icy or a snow-covered road. Still, an insurance company realizes that any driver can exercise an added amount of caution, when driving over a surface that could be quite slippery. The insurer’s awareness of that fact explains the driver’s inability to blame the weather.
How fault determination gets handled in Ontario
Ontario’s insurance companies use a group of Fault Determination Rules. One of those rules applies to cases in which both of the drivers involved in collision helped to contribute to the occurrence of that tragic accident. In such cases, the assigned liability follows a 50/50 rule. Each driver is held 50% responsible for the resulting damages.
The possible effect of the 50/50 rule
If both cars have suffered extensive damage, it could be that one or both drivers lacked enough money to cover all the expenses. Some of the expenses would be covered by their insurance policy, but not all of them. When that is the case, it becomes hard for the affected driver to obtain a fair compensation. Fortunately, there is a solution to that problem. 876
What action should such a driver take, in order to obtain a fair compensation?
That particular driver should hire a lawyer. A personal injury lawyer in Cambridge can help with examining the alterative options, and finding one that the lawyer’s client can use. A lawyer’s examination of alternative options might include a more thorough investigation of all the factors that contributed to the accident.
Maybe that icy spot on the road should have been removed earlier, by the crews that were working on the roads. That would change the nature of the situation, with respect to liability. A 3rd party could be held partly responsible. That would reduce the amount of money that either of the drivers would have to pay, in order to cover all the damages. Alternately, the lawyer’s investigation might uncover the fact that some mechanic had charged a driver for new snow tires, and had installed used tires on the car. In that case, the mechanic, or the owner of the shop that had employed that particular mechanic could be charged with at least a part of the liability.
None of those held responsible could get released from their responsibility by pointing to the conditions created by the weather. Each of them was expected to demonstrate a duty of care towards others.