Getting into a car accident due to bad weather can be a frightening and stressful experience. It often leaves us wondering who bears responsibility for the mishap. Determining fault in such situations can be pretty challenging. If you've suffered injuries or emotional distress from a weather-related accident, you're probably eager to know who should be held accountable.

Ristich Law has compiled a comprehensive guide to help you understand liability in bad weather accidents and guide you in pursuing the compensation you deserve.

What Qualifies as a Weather-Related Car Accident?

Before delving into liability, let's clarify what a weather-related accident means.

Adverse weather conditions, particularly wet or icy ones, create hazardous driving conditions. Reduced stopping distances, skidding, and limited visibility can lead to potentially fatal accidents. Surprisingly, around 30% of car accidents in Canada occur during adverse weather.

We understand that avoiding driving in treacherous weather isn't always an option due to work, school, and other commitments. While there are precautions you can take, like using appropriate tires, fog lamps, and driving cautiously, accidents can still happen when weather conditions are severe.

Adverse weather generally refers to any conditions that hinder your ability to prevent an accident. This includes wet and slippery roads, icy surfaces, foggy mornings, or blinding sunsets, which pose significant challenges to drivers in Canada and beyond.

So, Who's at Fault?

Despite the temptation to blame icy roads or heavy rain for accidents, reality paints a different picture. Even if both drivers acknowledge lousy weather as a contributing factor, insurers typically won't accept it as a valid cause.

In some provinces like Ontario, laws prohibit blaming accidents on weather or road conditions. Exceptions are rare; ultimately, the driver is responsible because they are expected to maintain control of their vehicle at all times.

Whether you slid into oncoming traffic due to ice or couldn't see the road due to dense fog, you'll still be held liable because you are required to operate your vehicle safely in all weather conditions.

You'll likely be deemed responsible if you lose vehicle control and collide with other cars. In cases where multiple vehicles lose control simultaneously, such as on black ice, insurers might view this as a shared fault. However, there are instances where municipal or provincial authorities could share liability for accidents caused by improper road maintenance, especially in harsh Canadian winters. If it can be proven that they should have closed or adequately maintained a road, they may bear some responsibility for weather-related accidents.

Keep in mind that the standard is not perfection; they only need to demonstrate that they acted reasonably given the circumstances.

Who Determines Liability and How?

Your insurance company and the law determine liability in a weather-related accident, making it essential to rely on something other than a police officer's assessment at the accident scene.

Insurers evaluate liability on a case-by-case basis, primarily by assessing whether the driver was negligent when the accident occurred. Negligence refers to the driver's failure to take proper precautions for safe driving in adverse weather conditions.

Negligence also extends to the vehicle's condition at the time of the accident, considering factors like worn-out tires or poorly maintained brakes that increase accident risks. Examples of negligence include:

Speeding

Poor maneuvering

Following too closely

Distracted driving

Failure to use headlights

Inadequate tires

Non-functional headlights

Ineffective brakes

If any of these factors applied to you during the accident, you'll likely be considered negligent and held accountable.

Need a Car Accident Lawyer in Mississauga? 

If you require legal assistance with a complicated weather-related accident case, don't hesitate to reach out to Ristich Law. Our team of personal injury lawyers is here to support clients in mississauga, making the process of settling car accident cases straightforward and stress-free. Contact us today to discover how we can assist you!