Compensation Claims for Ice and Snow Related Accidents

Bad conditions no defence, in some compensation cases

The thaw may have started here on Merseyside, but much of the rest of the country is still struggling with the worst winter conditions for over 30 years. With any cold spell, snow and ice can lead an increase in road traffic accidents and falling accidents. In these exceptional conditions, how far does the duty of care extend for local councils and authorities such as the highways agency?

With gritting supplies still stretched in many areas and councils committing to further cut backs in the amount of grit they use, some areas previously gritted may now not receive any treatments. Despite this, claims for compensation against councils, the highways agency and other relevant authorities will still be difficult to prove. In Court, a judge would be likely to take into account the exceptional weather conditions and the difficulty of making sure every pavement, public space and roadway is kept free from ice and snow. Only a case where the relevant authority has shown very clear negligence would be likely to be successful.

On the roads, it is a different story. Drivers still have a responsibility both to drive safely and also to take reasonable steps to accommodate for the weather conditions. Someone who is driving too fast for the conditions and who causes an accident as a result of losing control of their vehicle will find it very hard to blame the icy conditions. In such cases, eyewitness testimony and prompt expert examination of the scene of the accident can help to establish liability and lead to a successful accident claim.

The public transport network will probably be taking most of the strain as people leave their cars at home rather than risking the roads. Operators of train and bus stations have to ensure that members of the public can use their facilities safely, according to the Occupiers Liability Act 1957. They will be required to provide visible warnings about the conditions on their property, as well as being required to provide a safe passage through snow and ice. Even in these conditions telling people that they enter at their own risk is very unlikely to stand up in court.

Camps Solicitors have been dealing with personal injury compensation claims for our clients for over a quarter of a century. With our extensive experience we can fight for you to receive the maximum possible compensation given the particular circumstances of your accident.