As the cold weather draws in, our roads often become more dangerous with the potential of snow and ice, but who is legally responsible for an accident on the roads in such conditions?
The Highway Code sets out several additional steps that drivers must consider in snowy and icy conditions.
Rule 229 states that before setting off, you must be able to see, so you should clear all snow and ice from all your windows. Your lights must be clean and number plates clearly visible and legible. Your mirrors must be clear and windows thoroughly demisted. All snow must be removed which could fall into the path of other road users, or onto your windows. You should also plan ahead and ensure that your route is clear of any delays and that no further severe weather is predicted.
Rule 230 states that during icy or snowy weather, stopping distances can be ten times greater than on dry roads so you must drive with care even if the roads have been treated. Rule 231 advises that you should drive at a slow speed in as high a gear as possible, accelerating and braking very gently.
Should an accident occur due to the icy conditions, who would be responsible?
There isn’t a simple answer to this as each accident will depend on the individual circumstances. However, if an accident has taken place due to icy conditions, whilst there is likely to be some blame on at least one of the drivers involved, there may also be the potential for a claim against the local authority or Highway Agency if the roads have not been cleared of hazards.
The Highways Act 1980 states that the local authority or highway authority are under a duty to ensure, so far as is reasonably practicable, that safe passage along a highway is not endangered by snow or ice.
It would, however, be unreasonable to suggest local authorities are able to grit or clear all the roads within their remit, especially when icy conditions are sudden. Instead, they will usually prioritise main roads based on the resources they have available.
Solicitors for Road Traffic Accidents Near Me
At Bridge McFarland LLP, our specialist road traffic accident solicitors can provide expert advice and guidance if you or a loved one has been involved in an accident that wasn’t your fault.
To find out more about making a claim and receive the support you need, contact Bridge McFarland LLP today by calling 0800 987 8800 or email enquiries@bmcf.co.uk. Our dedicated team is ready to assist you in seeking the compensation you deserve for your road traffic accident.
