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Who is at fault when snow or ice makes the road slippery? The law states that every driver needs to control his or her vehicle. In bad weather, drivers are expected to take added precautions.
Types of precautions that a driver might use, in order to reduce chances for a collision
Replacing regular wiper fluid with anti-freeze wiper fluid; in places where winter means rain, instead of snow, drivers should make a point of seeing that their wipers are in good working condition. Checking the tires, in order to see if each has the proper level of insulation; a tire that lacks sufficient air can be difficult to control. Drive a bit more slowly; this action is recommended, because it should provide the driver with a greater level of control. Increase the distance between driver’s car and the rear end of the vehicle in front of that same car.
Sometimes insurers issue a 50-50 determination. Such a determination might follow occurrence of a weather related accident or a collision that involves a sideswiping incident. In neither case does either driver become free of a liability charge.
At fault drivers must cover the cost of all the accident-related damages. That would include the victim’s medical expenses, the property damage, any time that an injured victim had to take off from work and also the costs of pain and suffering. Insurers use certain guidelines, in order to identify the at fault drivers. Those guidelines do not change when the weather gets nasty. You can call on a personal injury lawyer in Hamilton if you are in an accident.
One example of the sort of guidelines used by insurers
If you are coming out of your driveway and you hit a car coming down the road, then you are held responsible for any resulting damage. This rule seems worthy of note in an article about accidents in winter. In some cities, huge piles of snow can be found at the entrance to many driveways. It must be challenging for any driver to see past that mound of snow.
The rule about leaving a driveway could explain why local governments insist that every property owner must clear snow or ice from the sidewalk in front of the homeowner’s residence. If the walkway is not clear, the homeowner increases the chances that someone might have an accident, when exiting the driveway.
The insurers’ guidelines do not always agree with the courtesy rules presented to renters by a landlord. For instance, if an apartment has parking facilities in the back, and a one-lane driveway leads to those facilities, the landlord might ask that the entering driver yields to the one leaving. Of course, tenants could object, explaining that the landlord’s rule asked drivers to disregard the existence of the insurers’ guidelines.