Tuesday, September 23, 2014

Accident caused by snow spray from passing vehicle

With winter approaching, it seems appropriate to review an interesting recent case involving blinding snow. What do you do if you are blinded by snow thrown onto your windshield by a passing motorist? In today's case, an accident ensued and the driver asked the court to find the passing motorist responsible.

The BC Supreme Court decided on September 19, 2014 that an accident caused by a passing motorist throwing a curtain of snow onto the window shield of another car was the fault of the passing driver. The judge found that the overtaking truck passed at high speed even though it was evident that the road was blanketed with snow. It should have come as no surprise to the passing driver that his actions would blanket the other car in a spray of snow.

Mr. Justice Ball stated: "There is, in my view, a very heavy onus on the driver of an overtaking vehicle to make sure that passing can be done in safety; particularly in poor road and weather conditions. The driver of the SUV in this case did not respect the circumstances that the standard of care dictated."

These types of cases demonstrate that no matter what the circumstances, it is always advisable to discuss an accident case with a lawyer to determine your rights.

No comments:

Post a Comment