During the cold season, conditions such as black ice and heavy snowfalls pose significant threats for the safety of drivers, passengers, and the people around them. Additionally, these outside influences can also make it harder to determine fault in the event of a collision.
Basics of Determining Liability
Regardless of how terrible the weather was when the collision occurred, you will never find yourself in a position in which you can put fault on the weather and receive compensation. In the eyes of the law and insurance companies, it is always upon the drivers to stay in control of their vehicles, no matter how much snow and black ice are trying to take that control away from them.
When it comes to insurance companies located in Ontario, there are Fault Determination Rules that have been put in place in order to determine liability in the event of a motor vehicle collision. According to these rules, the road and weather conditions cannot take fault away from a driver. However, fault can be divided between the drivers of the involved vehicles. Thus, in the event that both drivers lost controlled over their vehicles due to the road and/or weather conditions, the result is likely to be shared liability.
Post Collision First Steps
In general, motor vehicle collisions influenced by road and weather conditions will be treated like any other motor vehicle collision. This means that the driver who is deemed at fault and their insurance company will be obligated to pay damages to the other involved party in order to compensate them for their sustained losses. Your personal injury lawyer in Kitchener will ensure that you get maximum compensation for the injuries you have endured.
Things can become difficult when your insurance own insurance begins to make attempts to put partial blame onto you. In order to prepare yourself for that possibility, it is best to obtain legal counsel immediately after the accident has taken place. This is in order to ensure that your entitlement to compensation will be protected, while also setting your case up for the highest chances of success.
Taking Preventative Measures
The best preventative measure to take is to prepare your car for the winter by investing in the appropriate tires, switching your wiper fluid for a solution containing antifreeze, and factoring in the time to free your vehicle from snow and ice if you don’t park your car in a garage. You will also need to adjust your tire pressure and potentially invest in some tire chains, should you be planning on navigating terrain with deeper snow.
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