Barrie is in the snowbelt, given its proximity to the Great Lakes. Barrie and surrounding areas not only get a lot of snow, but are also susceptible to things like freezing rain and black ice. Barrie can be a very dangerous place to drive, especially in the fall and winter months. Individuals involved in Barrie car accidents involving bad weather should enlist the help of a skilled lawyer as soon as possible, as there are strict notice deadlines associated with filing a claim to recover your damages.
Dangerous weather can help or hurt a civil case, depending on the circumstances of the accident. For example, it is possible to argue in some cases that the other driver who hit you was not taking sufficient care for the circumstances and is therefore liable for your damages.
A lawyer may also argue that the local road authority, which is responsible for cleaning the road, failed to make sure that the roadway was safe or to even close the road. There are technical requirements about how you should put the province, county, or municipality on notice of your intent to sue. For instance, these steps need to be taken within 10 days of the accident.
It is possible to be at fault yourself if you do not take proper steps based on road conditions. To determine fault, the insurance company and civil courts will look at other things like whether the at-fault driver’s car is in good condition, whether they put snow tires on, whether their brakes were working properly, and whether they were ready for driving in dangerous weather conditions.
If there was not another vehicle involved in your bad weather auto collision, a Barrie lawyer can still proceed with a case. Ontario has no-fault provisions, so you will get some benefits from your own insurance company regardless of whether you are entirely at fault for the accident. This means that even if your crash was caused by icy roads, you may still obtain some compensation for your losses.
After a dangerous weather accident in Barrie, you may collect no-fault accident benefits, which would include things like income replacement benefits, medical and rehabilitation costs, and attendant care benefits. Your insurance company would also pay you direct compensation if the collision damage on your vehicle meets a certain threshold.
More importantly, you can sue the liable party for damages such as pain and suffering, loss of enjoyment of life, lost wages, out-of-pocket expenses, and medical and rehabilitation benefits which are not covered by your no-fault carrier.
Evidence to prove that bad weather was the cause of your Barrie car crash can be collected after the adverse conditions have subsided. Weather conditions can be difficult to prove, which is why it is a good idea to try and take pictures of the accident scene after the crash and get details such as ice and snow build-up and salting and sanding levels. Severe weather conditions or unsalted icy roads can sometimes be proven by using your smartphone.
Additionally, a lawyer can gather evidence from ambulance, fire fighter, and on-call reports. These records could reveal crucial medical and physical data that may be essential in proving the extent of your damages. Our legal team might also interview witnesses and gather Canada weather data.
If there is a serious accident, the Ontario Provincial Police (OPP) will create a technical collision reconstruction report, and a lawyer from Rastin Law could analyze it for admissible evidence to support your claim. In some cases, we may also hire forensic engineers to do the analysis.
You can protect yourself from weather-related accidents in Barrie by paying attention to the weather forecasts, listening to the forecast before you go out, and thinking about whether you really need to be driving in such conditions. In this jurisdiction, there are not a lot of people using chains, but many people put snow tires on – especially in the fall – to ensure that the tires have proper traction during the winter months.
Vehicles with all-wheel drive or four-wheel drive, or at least front-wheel-drive, are best prepared for inclement weather as well as icy roads and are the most likely to keep you safe during a collision. It is also important to adjust your driving patterns when the conditions demand it. If you are going somewhere in the winter, you should be prepared to give yourself more time to get there. You should be prepared to modify your route and change your plans if necessary.
Our team of expert-ranked trial lawyers could help you obtain compensation after a Barrie car accident involving bad weather by putting the proper road authority on notice. We could also assist you in accessing your own no-fault statutory accident benefits. This is a technical process that requires certain paperwork to be submitted. Let one of our skilled lawyers help you gather and preserve evidence, build your case for personal injury, and obtain the damages you are entitled to. Call today to get started.