How does winter weather impact my injury claim?

When the winter months hit, Atlantic Canadians need to prepare for safe driving in the winter, including installing winter tires, checking road conditions before heading out, driving to conditions, slowing down, and leaving extra space between cars. Where your failure to do any of the above contributes to an accident, but is not the sole cause, you can still bring a personal injury claim, however any such award or settlement may be proportionately reduced.

Often, there is more than one rationale or reasonable inference to draw as to the cause of a motor vehicle accident, and issues of contributory negligence may arise. Contributory negligence is when the injured party bears some responsibility for the accident. When this happens, the question becomes whether the evidence establishes that the injured party was negligent in driving his or her automobile and, therefore, bears part of the liability for the accident.

What is contributory negligence?

When an injured party is partially at fault in an accident, it is called contributory negligence. This means that the actions or inactions of the individual played a contributing role in the accident.

When someone is found to be partially at fault for an accident, the damages they could be awarded for their injuries will be reduced by the percentage which they are found at fault for the accident. For example, where an injured party’s damages are assessed at $100,000, and they are found 25% liable for the accident, their damage award will be reduced to $75,000.

Are there cases that have been impacted by winter weather?

When assessing negligence on the part of a driver, case law suggests that courts take into consideration a failure to use winter tires when the weather calls for it. One court even considered (although rejected) a plaintiff’s decision to wear running shoes as opposed to boots as evidence of contributory negligence in Bramer v City of Hamilton. However, the court noted it was common knowledge that winter tires are recommended for winter driving in Canada because they have a soft rubber compound which grips better in cold weather than do the harder compound summer tires.

In contrast, one Nova Scotia court found no negligence on the part of the driver of an out of control vehicle where his car had no winter tires and hit a patch of ice on an otherwise dry road in Misener Financial Corp. et al. v McDonald Chevrolet Oldsmobile Ltd. et al. Courts will largely assess weather conditions when gauging a driver’s liability in failing to install winter tires. Moreover, winter tires are but one factor in the finding of contributory negligence. Courts will also factor in whether an injured party was driving in a careful, watchful, and attentive manner.

Are there laws about clearing off your vehicle?

Driving with a snow covered car is not strictly a safety issue but may have legal consequences. For example, every Atlantic province has regulations in place to ensure that a motorist drive considerately and that vehicles are free of snow and ice.

In New Brunswick, the Motor Vehicle Act says every person who drives a motor vehicle on a highway without due care and attention [or] reasonable consideration for any other person using the highway commits an offense.

In Nova Scotia, the Motor Vehicle Act says that no personal shall on any highway drive a motor vehicle when there is in or upon the windshield, sidewings, side or rear windows, or the openings for the same or any of them, any non-transparent material.

In PEI, the Highway Traffic Act says that no person shall drive a motor vehicle on a highway when the windshield, sidewings, side, or rear windows are so covered, either completely or partially by snow, ice, mist, dirt, or other matter that the vision of the driver is obscured or obstructed.

In Newfoundland and Labrador, the Highway Traffic Act says a person shall not drive a motor vehicle on a highway where the windshield, sidewings, side or rear windows are so covered, either completely or partially by snow, ice, mist, dirt, or other matter that the vision of the driver is obscured or obstructed.

Failure to comply with the above regulations could result in any damages you seek being lessened by virtue of contributory negligence. In order to seek the maximum redress for any injuries you suffer, it is important to maintain your vehicle in good working order, use winter tires, and clear any snow or ice from your vehicle throughout the winter months.