It seems the winter season has arrived, and unfortunately it brings weather related accidents with it. In the winter time, far more people suffer accidents as a result of wet or icy roads and pavements. However, it may be possible to claim compensation for such accidents even if the weather is to blame. In this post we look at in what circumstances you will be able to make a personal injury claim for a weather related accident.
Who is to blame?
One of the most important aspects in making a personal injury claim is the assessment of who is to blame for the accident. While local councils are obligated to keep the roads and pavements safe, this is not an absolute duty. Local councils must take reasonable steps to ensure the roads and pavements are kept safe, and courts do not make this duty unduly onerous for fear of exposing councils to too much liability and in essence ‘opening the floodgates’ for personal injury claims.
For example, if you are involved in a road accident after losing control of your car as a result of black ice, the Courts may find it difficult to assign blame to the local council. Local councils can only react to the weather information given to them, and will prioritise primary routes when beginning to grit roads.
Similarly, where you are injured as a result of slipping on the pavement as a result of ice or snow, the Courts may take the view that it is an unduly burden to expect local councils to keep all pavements free from ice. Also as main footpaths and walkways are prioritised and must be gritted regularly, it may be the case that some walkways and pavements are never attended to at all due to a allow level of foot fall.
Weather Related Accidents at Work, Scotland
On the other hand, there are certain circumstances where you can make a successful personal injury claim as a result of poor weather conditions. If you have an accident at work as a result of slipping on ice or snow, you may have a claim against your employer for personal injury compensation. If your employer has failed to adequately grit or salt areas of the workplace and this results in an accident, you may be able to claim as your employer has failed in their obligation to keep the workplace reasonably safe and free from hazards.
There are many examples of ways in which employers may fail to keep you safe during extreme weather conditions. Including:
- Blocked pathways as a result of snow
- Slippery corridors or walkways
- Requiring you to work in unsafe weather conditions
- Not providing adequate training for working in extreme weather conditions
- Not providing you with proper equipment for carrying our your job in adverse weather conditions
This list is not exhaustive and if you have been involved in a workplace accident as a result of adverse weather conditions you should contact a specialist personal injury solicitor for advice.
Car Accidents in Adverse Weather Conditions
Furthermore, if you are a passenger in a car or where another person crashes into your car after skidding on ice, you may have a good claim against the driver responsible. Whilst it may be difficult for drivers to avoid ice and snow, they are obligated to take extra care when driving in such conditions. Where a driver loses control of the car and causes an accident as a result of bad weather conditions, the court may find that they were negligent in not acting with extra caution. If you are injured as a result of this kind of accident, you may be able to make a personal injury claim against the driver.
Making a Weather related Personal Injury Claim, Scotland
You would be surprised at how many people every year are injured as a result of extreme weather conditions - and also how many people make a successful personal injury claim as a result.
If you have been injured as a result of someone else negligence in relation to extreme weather conditions you could have a claim. Speak to one of our personal injury specialists regarding accidents as a result of:
This list is not exhaustive, and so if you have been injured as a result of severe weather conditions you should speak to a personal injury specialist. Many people believe that the circumstances or their injury are minor, and even though they have suffered loss it is not significant enough to make a claim. This is quite simply not the case. If you have suffered an injury as a result of someone else negligence, no matter how minor, you could be due compensation. You may be able to claim compensation not only for your pain and suffering, but also for any loss incurred as a result of your accident. This could mean compensation for any time off work, travel expenses incurred and the cost of any medical treatment or supplies.
Contact Our Specialist Personal Injury Team
If you have been injured as a result of adverse weather conditions, at work, on the roads or even in a public place, our team of expert solicitors can help. Our team of solicitors will be able to inform you of exactly what evidence is needed to make a personal injury claim and what you may need to provide to build the strongest possible case. Contact us today using our online contact form or give us a call on 0131 225 5214.