The seasonal snow and ice in Vancouver obviously have a significant impact on drivers’ abilities to slow down, stop, make turns and avoid obstacles. These inclement conditions can also affect your ability to pursue compensation if you are injured in a motor vehicle accident related to winter weather.
If you are a driver who was involved in a single-vehicle accident related to snowy or icy conditions, you may be able to claim no-fault benefits under Part 7 of the Insurance Act, which can include compensation for medical expenses, rehabilitation, lost wages and disability. Your right to seek monetary compensation for pain and suffering in addition to related damages arises only when someone else is at least partly at fault for your injuries.
If you were injured in a weather-related car or truck accident and another driver was at fault, you may be able to pursue a claim. However, collisions that involve snow or ice are often defended as inevitable or unavoidable accidents.
This means that if it can be established that the other driver or drivers were operating their vehicles safely under the conditions and could not have avoided losing control of their vehicles, your claim may be denied. On the other hand, if there were warnings about the presence of icy roads or otherwise dangerous driving conditions and the other driver or drivers did not reasonably adjust to these circumstances, they may be held responsible.
Because claims related to accidents that involve snow or black ice can be especially complex, it’s advisable to consult with an accident lawyer before you contact the Insurance Corporation of British Columbia (ICBC). A lawyer with experience handling weather-related accidents and challenging unavoidable accident defenses can recommend how to best proceed.
If you were injured in a collision related to snow or ice, please contact the Vancouver accident lawyers at Stephens & Holman for a free, no-obligation consultation before you talk to an ICBC adjuster.