Just as some people removed their snow tires and smiled at the prospect of smooth and clean summer driving, winter has returned and it may be the coldest April 15 on record according to the City News Storm Centre. We can blame an arctic cold front that is passing through the GTA area that has plunged temperatures below the freezing mark.
We have seen rain, freezing rain, ice pellets and snow. There are reports of icy conditions on the roads, a tractor-trailer flipped over on the 427 and cancellations on flights. An increased number of car accidents and slip and fall injuries have also been reported.
The snowfall comes on top of a difficult winter for Whitby, Oshawa and Ajax, filled with snow, ice and unusually cold temperatures.
Drivers must remember that bad weather does not excuse them from taking responsibility on the roads, it just means that they have to be even more careful on the roads. If a driver determines that with their specific car and their specific driving experience, it is not safe to be on the road, then they need to get off of the road. The weather in Canada should not be relied upon as an excuse for an accident.
It is true that police sometimes exercise their discretion not to charge a driver under the Highway Traffic Act if the weather is bad. But that does not mean that the driver can necessarily escape responsibility in a lawsuit for personal injury. The test in a personal injury lawsuit for car accident injuries is different than the test for charges under the Highway Traffic Act.
We offer free consultations to injury victims in car accidents, slip and falls, other accidents, and long term disability/insurance denial cases. We can be reached in Whitby at 905-409-2438.