Driving in winter drastically increases the risk of accidents, resulting in a complicated question: who should be legally held responsible when ice, snow, or other hazards cause a crash? It’s rarely one party and usually leans on negligence, the legal principle.
Let’s take a look at the details and see who is liable for road hazards, especially during the winter.
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The Driver
In such scenarios, the vehicle’s driver is considered the primary responsible party. The law expects every motorist to exercise care during winter. And this duty doesn’t disappear due to bad weather:
Adjust Driving Style
Drivers are legally required to adjust their driving style. It means to limit speed where necessary, follow distance, and practice caution overall to match the existing road and visibility conditions. If the roads are icy or snowy, driving at the mentioned speed limit might still be viewed as negligent.
Prepare Your Vehicle
Is your vehicle fully prepared for winter? Or are you driving with bald tires, ignoring fully clear snow and ice from windows and the roof, and have non-functioning lights? Because that’s sheer negligence, and might lead to collisions.
Loss of Control
Drivers usually complain of losing control due to snow or black ice. This is often seen as a failure to safely operate the vehicle for the existing conditions. The result? Liability.
State and Local Authorities
Municipalities, governments, and highway agencies are also equally responsible. These bodies have to maintain public roads, keeping them reasonably travel-friendly. Breaching can at times lead to shared liability:
Maintenance Duty
Local authorities are expected to clear snow, ice, or salt from roads on time, especially on roads that receive heavy traffic.
Breach of Duty
A government agency might be held responsible for a road accident if it failed to address a bridge that is ice-packed or didn’t post warning signs for unknown, expected dangers.
Business and Owners
For accidents occurring on private properties such as access roads, parking lots, or sidewalks, the company’s owner is held responsible. The one the business hired to manage ice and snow on the floor:
Supposed to Warn and Maintain
Property and business owners are supposed to maintain their premises, making them safe for drivers or even passersby. This includes taking reasonable steps to remove snow and ice hazards, or at least providing a dangerous condition warning.
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Creating A New Risk
If the property owner or snow removal company creates a new risk, like piling snow that blocks visibility. Or letting melted snow re-freeze as black ice, which can also contribute to the liability factor.
In short, the above parties are responsible for causing winter car accidents. If you identify yourself as a victim, then call In Pain Call Wayne. Attorney Wayne Resmini can help you with the legal proceedings.
