Determining Liability in a Winter Car Accident

winter car accidentInclement weather and poor road conditions can increase the likelihood of losing control over your vehicle, causing a winter car accident. However, determining fault in this type of car accident in order to recover compensation for resulting injuries can be complicated.

A Windsor car accident lawyer will work to determine fault in your case and fight for the compensation you need. Contact Greg Monforton & Partners today for a free, no obligation consultation to learn more.

How Is Fault Determined?

Whether you were involved in an accident during whiteout conditions, because of slick black ice or snowy roads, you cannot blame the accident on the weather.

To insurers and the law, drivers are responsible for controlling their vehicles no matter the weather conditions. When the weather is poor or road conditions are not ideal, drivers must take added precautions to travel safely despite inclement weather.

In Ontario, insurance companies use the Fault Determination Rules to determine which party or parties are at fault in an accident. Typically, weather and road conditions will not clear a driver of fault in a wintertime car accident.

In some cases involving winter accidents, insurers may issue a 50-50 fault determination, acknowledging that both drivers in a two-vehicle accident shared fault for the collision. This could be the case if two vehicles lose control due to weather or road conditions. However, it does not clear the parties of liability.

What Happens Next?

Winter accidents involving poor weather and road conditions are treated the same as any other at fault collision: The at-fault driver and his or her insurance company will be responsible for covering the damages the other party experienced. This could include paying for medical bills, lost wages and property damage.

However, dealing with insurance companies is not always easy, especially if the insurer tries to place part of the blame for the accident on you.

As soon as possible after a collision, it is in your best interest to seek legal representation to help ensure your right to compensation is protected. Our lawyers can help guide you through the insurance claims process and will advise you of other legal options for obtaining compensation, if necessary.

We will handle the details of your claim for you, including working with the insurance company, investigating the accident, gathering evidence to prove your claim and negotiating fair compensation on your behalf.

Avoiding Winter Car Accidents

To avoid winter car accidents and resulting injuries or insurance rate increases, drivers should practice these winter safety tips:

  • Winterize vehicles to avoid issues that could cause you to lose control
  • Keep windows and mirrors clear (switch to antifreeze wiper fluid)
  • Keep headlights clear of snow, ice and dirt
  • Check tires for proper inflation, switching to snow tires or carrying chains depending on the terrain you travel
  • Drive at a slower pace and exercise caution
  • Increase stopping distance to allow more time to regain control over your vehicle if needed
  • Avoid driving if conditions are poor

Contact Our Car Accident Lawyers Now

The Windsor car accident lawyers at Greg Monforton and Partners have experience investigating winter car accidents and pursuing at-fault parties for compensation. We will work to recover maximized compensation for your injuries.

Schedule a free, no obligation consultation today and find out what legal options are available for recovering compensation for your medical bills, lost wages and pain and suffering. We charge no upfront fees and only get paid if we recover compensation in your case.

Call (866) 320-4770 or fill out our Free Case Evaluation form today.