Winter in Ontario is often picturesque, but it is fundamentally a period of heightened risk for drivers, especially in the Ottawa region. Icy roads, reduced visibility, and rapidly changing conditions turn a simple commute into a potentially dangerous undertaking.
Understanding the legal obligations and safety precautions for winter driving is not just a matter of diligence; it is a critical aspect of mitigating risk, establishing a robust legal position in the event of a motor vehicle accident, and ultimately, protecting your health and well-being. This blog examines your legal duties and the practical steps necessary to navigate Ontario’s toughest driving season.
The Highway Traffic Act and Your Winter Driving Obligations
The legal standard for all Ontario drivers is a fundamental obligation to drive with reasonable care and attention. However, in winter, the definition of “reasonable” becomes considerably sharper. The Highway Traffic Act contains core sections that govern driver conduct, which are interpreted by the courts in the context of adverse weather conditions.
The Obligation to Drive with Care and Attention
Section 130 of the HTA outlines the offence of careless driving. It states that any person who drives a vehicle on a highway “without due care and attention or without reasonable consideration for other persons using the highway” is guilty of an offence. In winter, this provision becomes particularly important. A driver travelling at the posted speed limit may still be deemed to be driving carelessly if that speed is excessive for the prevailing conditions, such as a severe snowstorm or icy roads.
A driver’s duty is to adjust their operation of the vehicle to the conditions presented. The courts routinely reject the defence that a collision was caused solely by black ice or a sudden snow squall. If a driver fails to reduce their speed, increase their following distance, or take other precautionary measures known to be necessary for winter driving, they can be found to be in breach of their legal duty. The weather is not an excuse; it is a critical factor demanding increased caution.
Maintaining a Clear View: An Absolute Requirement
Another crucial HTA requirement often violated in winter is found in section 74(1). This provision requires that no one shall drive a motor vehicle “unless all the windows of the vehicle are in such a condition as to afford the driver a clear view to the front, sides and rear of the motor vehicle.”
This means thoroughly clearing snow and ice from all windows, including the side windows and rear windshield. Furthermore, section 66(1) mandates that a vehicle must be equipped with a properly operating windshield wiper and a rearview mirror for a clear view of the rear. Driving with a small “peephole” scraped into the ice or snow is not only dangerous but a clear breach of the HTA, demonstrating a failure of the duty of care that could be instrumental in a civil negligence claim following an accident.
Vehicle Preparedness: Beyond a Suggestion, It’s Your Responsibility
Maintaining a vehicle in a safe, roadworthy condition is a year-round requirement, but it is acutely important when facing winter’s stresses.
Tire Condition and Legal Minimums
The condition of a vehicle’s tires is a significant factor in loss-of-control collisions. While winter tires are not legally mandatory for passenger vehicles across all of Ontario, a failure to use tires appropriate for the conditions can still be cited as evidence of negligence. Section 69 of the HTA governs tires. While it focuses on specific requirements, such as tire depth, the overarching legal principle remains: a driver has a responsibility to ensure their vehicle is adequately equipped for safe operation in the conditions they face. If a driver’s all-season tires have worn tread that falls close to or below the legal minimum and this deficiency is found to have contributed to a skid or collision on snowy roads, the driver is exposed to a finding of liability. Practically speaking, winter tires significantly improve braking and handling in cold weather. While not mandated, choosing not to use them may be used in a legal argument regarding a driver’s “reasonable care” in the face of a foreseeable risk.
Vehicle Equipment and Maintenance
The Highway Traffic Act requires that all essential safety equipment be in good working order.
- Lights: Section 62 of the HTA mandates that all required lights, including headlights, taillights, and turn signal lights, must be used in poor visibility and must be functioning properly. In a snowstorm, lights make your vehicle visible to others, and a failure to turn them on can lead to a charge and a finding of fault.
- Brakes: Section 64 requires two separate and effective braking systems. If a collision is caused by a failure to stop due to poor maintenance (e.g., worn brake pads or hydraulic issues), this is evidence of negligence on the part of the vehicle owner/operator.
The Perils of Distracted Driving in Winter
Distracted driving is a significant legal concern year-round, but its danger is magnified in winter. When traction is reduced and visibility is compromised, the minimal reaction time delay caused by a distraction can be the difference between a near-miss and a severe collision.
Use of Hand-Held Devices
Section 78 of the HTA strictly prohibits the use of hand-held communication and electronic entertainment devices while driving. This includes talking, texting, emailing, or scrolling. The penalties for a conviction are severe, including hefty fines, demerit points, and licence suspensions.
In a collision case, a conviction for distracted driving can be robust evidence of negligence. In winter, even a split-second glance at a device takes a driver’s attention away from the subtle cues required to maintain control on slippery roads. Courts will look harshly upon a driver whose distraction exacerbated an already challenging driving situation.
Careless Driving for Non-Electronic Distractions
While non-electronic activities like eating, grooming, or reading a map are not covered under section 78, they can still lead to a charge of careless driving under section 130 if they cause a driver to operate a vehicle without due care and attention. In a blizzard or on icy roads, the act of unwrapping a sandwich or searching for an item on the floor can be deemed a failure to exercise the heightened care required to operate a vehicle safely in those conditions.
Fault Determination in Winter Accidents
Ontario’s insurance system is sometimes colloquially referred to as “no-fault” accident benefits, meaning you generally deal with your own insurer for benefits regardless of who was at fault. However, fault is still determined for civil claims (lawsuits) and for direct compensation property damage (DCPD) claims, which affect insurance premiums.
The Fault Determination Rules (FDR), a regulation under the Insurance Act, are used by insurers to assign fault. Critically, section 3 of the FDR states that the degree of fault is determined without reference to circumstances like weather conditions, road conditions, visibility, or the actions of pedestrians.
This seemingly counterintuitive rule exists to simplify and standardize the insurance claim process. It means that if you rear-end another vehicle, the fact that the road was covered in black ice and you couldn’t stop in time does not absolve you of fault under the FDR. The general rule of rear-end collisions (often 100% at-fault for the striking vehicle) still applies.
The Role of Negligence in Civil Claims
While the Fault Determination Rules dictate how insurance companies assign fault for premium purposes and DCPD claims, it does not fully govern a personal injury civil claim. A lawsuit will still be decided based on common law principles of negligence.
Negligence is established when a plaintiff proves that the defendant driver breached their legal duty of care, and that this breach caused the collision and resulting injuries. As discussed, the duty of care is heightened in winter.
Skidding Is Not Always an Excuse
A driver who loses control and slides into another lane or vehicle is often negligent, as courts will hold that they should have been driving slowly enough to prevent the loss of control in the first place.
Contributory Negligence
If a driver is injured in a collision caused by another’s negligence, but it is proven that their own conduct (e.g., failing to clear their windshield or speeding for the conditions) contributed to the accident, their damage award can be reduced based on their percentage of contributory negligence.
Your Winter Driving Action Plan
Prepare now to avoid a predicament later. Your protection begins with your driving habits and preparation.
- Vehicle Preparation: Install four proper winter tires (highly recommended). Ensure your battery is strong, your brakes are serviced, and your windshield wipers and fluid are effective for extreme cold.
- Pre-Departure Clearance: Ensure all snow and ice are fully cleared from every window, all lights, and the vehicle’s roof before driving. An uncleared roof is a safety hazard and a legal liability.
- Adjust Your Driving: Drive for the conditions, not the posted limit. The legal speed is the maximum in ideal conditions. In snow and ice, that speed is lower. Increase your following distance to compensate for longer braking times.
- Hands-Free Only: Never handle an electronic device. Pull over to a safe spot if you need to make a call, text, or use your GPS.
- In the Event of a Collision: Stop immediately, check on all parties, call the police if required by law, and exchange information. Whether a police report is required depends on the amount of combined damage or any injuries, or as required by a municipality. For example, Ottawa currently requires a police report if the combined damages exceed $5,000. Document the scene safely with photos, paying special attention to the road and weather conditions.
Ontario’s winters demand a proactive and cautious approach. Understanding that your legal duty of care expands in adverse weather is the most important piece of preparation you can undertake. Safe driving is your best defence.
Experienced Ottawa Motor Vehicle Accident Lawyers Helping You With Your Accident Claim
If a winter collision has left you injured and facing resistance from an insurer, the road to fair compensation is likely to be icy. At Tierney Stauffer LLP, our skilled personal injury lawyers have decades of experience navigating the complex terrain of negligence claims and the rigorous demands of insurance dispute resolution, including taking cases to trial when necessary. Protect your rights by securing experienced legal counsel who understands how to apply the Highway Traffic Act and the principles of negligence to your claim. Call us today at 1-888-799-8057 or contact us online to schedule a free consultation and discuss your motor vehicle accident.
