The Short Answer
The short answer is yes. Drivers are expected to drive according to the weather and road conditions.
Your Duty as a Driver in Bad Weather
If you find yourself driving in bad weather (be it snow, rain, or fog), adjust your driving; slow down, brake sooner and more gradually, leave more space between you and the vehicle in front of you, and ensure your full headlights are on.
Vehicle Readiness Matters
In the same vein, if you have a vehicle that is ill-equipped to operate in certain weather conditions (ie rear-wheel drive vehicle with no snow tires in a snowstorm) you should consider whether you should be driving at all.
Bad Weather Usually Won’t Excuse Responsibility
The law places a heavy duty on drivers to make safe decisions when operating or planning to operate a vehicle and pointing to the influence of bad weather is unlikely to absolve you from responsibility.
A Recent Case Example
There was a recent civil case where the defendant claimed the accident was inevitable (and therefore the defendant was not responsible) due to the presence of ice and slush on the roadway. The judge rejected the defence noting that the defendant “was evidently driving too fast for the conditions” and breached the standard of care required of him to safely operate his vehicle. The judge concluded that it was the defendant’s negligence that caused the collision.
What About Road Maintenance and Government Liability?
The above being said, roadways are to be kept in a reasonable state of repair, meaning that in the winter months, roadways should be properly plowed and salted or sanded. This responsibility falls on cities, municipalities, townships, and the province (who has control over a specific roadway depends on the type of roadway and its location).
What These Entities Are Required to Do
While these entities are not required to keep the roadways under their control in perfect condition (especially in the middle of a snowstorm), they must have a system in place to monitor the weather and road conditions and a system in place to remove ice and snow from the roadway within a reasonable timeframe. A failure to do so could result in them being found responsible for a motor vehicle accident.
Talk to a Lawyer
If you have been injured in a motor vehicle accident, consult a personal injury lawyer who can assist in identifying all potential at fault parties.
A born-and-raised Barrie resident, Karen knows and loves her community. She is proud to be a partner in one of Canada’s most successful personal injury law firms—right in her own backyard. Karen joined Oatley Vigmond in 2013 as an associate lawyer. She holds a BA from Queen’s University and her Juris Doctor from Bond University in Australia. Prior to being called to the Bar in January 2013, Karen articled at a well-known personal injury law firm in Toronto.