There is nothing like the beauty of Calgary in the winter, but freezing temperatures can increase your chances of getting injured. On a single day in February 2024, there were 91 crashes in Calgary as snow and slush made the roads treacherous.
A winter accident could leave you in pain, losing income, and in need of medical treatment beyond that provided by the Alberta Health Care Insurance Plan (AHCIP). While weather conditions alone are not grounds for a personal injury claim, if someone else’s negligence was the true cause of your accident, you may be able to seek compensation for your losses.
A Grover Law Firm personal injury lawyer can advise you on your chances of recovering compensation. He or she can also explain how winter weather and road conditions could impact your claim. In this post, we will explore several factors that could impact a personal injury claim during Calgary’s cold season.
Winter-Related Vehicle Accidents in Calgary
Skidding on snowy roads is an obvious danger in winter. However, other types of motor vehicle accidents you may not have considered can also result in serious injuries. The following scenarios could form the basis of a personal injury claim.
Uncleared snow and ice on vehicles
Calgary drivers have extra responsibilities during winter. For example, they must clear snow and ice off their cars before setting off. Failure to do this could result in a ticket – or worse.
Snow on the roof of a car could fall onto the windshield while the operator is driving, impairing visibility and making it more likely that he or she will have an accident. Snow could also blow off of the car onto the windshields of others, making it tough for them to see where they are going.
Also, compacted snow and ice on vehicles can form dangerous flying projectiles. They could fly off and hit another car, a bicyclist, or a pedestrian, potentially causing serious injuries.
If you were injured because a driver failed to follow this Calgary requirement, you could pursue the responsible party for compensation.
Inappropriate driving for the weather
Just because a road sign says you can drive at 80 kilometres per hour does not mean that speed is safe during the Calgary winter. Every driver has a duty of care to keep other drivers on the road safe by driving according to the weather conditions. If a driver fails to do this, he or she could be found to have caused an accident through negligence.
The Canadian Centre for Occupational Health and Safety (CCOHS) provides the following guidelines for driving in the winter:
- Slow down
- Reduce speed when getting close to intersections with ice or snow
- Double your stopping distance in icy conditions, so leave a large gap to the car in front
- Drive smoothly to avoid skidding
- Avoid using cruise control
If your accident happened because another driver did not take the precautions necessary in the weather, you may be able to pursue that person for compensation. However, be sure to enlist the legal help of a qualified personal injury lawyer who understands the unique challenges of a Calgary winter and the intricacies of Alberta law.
Not preparing vehicles for winter
Cars need some preparation to ensure they are safe for winter driving. Although there is no law in Alberta requiring winter tires, the provincial government recommends using winter tires or all-weather tires because of the increased traction and control they provide. Some drivers may choose to use studs or chains, but they must ensure they do not damage the highway, which is an offence.
Drivers who do not switch to winter or all-weather tires may be more likely to have an accident when winter bites. Summer tires do not offer the grip needed on icy or snowy roads; they require longer braking distances and increase the risk of skidding or slipping.
Winter Sports Accidents
Winter opens many opportunities for exciting sports, including skiing, snow tubing, snowmobiling, skating, and more. However, if you or a family member gets injured while enjoying these recreational activities, you may wonder if you can pursue compensation.
The answer is: possibly. It all hinges on who was liable for your accident.
There are a few specific scenarios that could lead to a successful personal injury claim:
- Resort liability: If your accident happened at a resort, it may be covered by Alberta’s Occupiers’ Liability Act. However, many resorts protect themselves from legal proceedings by having patrons sign waivers or posting warning signs around their property. You should still find out your legal options from a personal injury lawyer, as there may be avenues you can explore.
- Tour operators: Companies organizing winter recreational activities or trips have a duty of care toward their patrons and must take reasonable steps to ensure the safety of all involved. Many companies frequently use waivers to shield themselves from legal action, but be sure to discuss your case with a personal injury lawyer to discover whether there is a legal option you can pursue.
- Other participants: If another person acted recklessly or willfully injured you while engaging in recreational activities together, you could pursue legal action. The 2020 case of Casterton v. MacIsaac established that while some risks are accepted when engaging in sports, participants are not shielded from liability if they act recklessly or dangerously.
Whatever scenario led up to your injuries, it is vital to seek qualified legal advice. During your free consultation at Grover Law Firm, a Calgary personal injury lawyer can talk you through your legal options. There is no obligation in connection with the discussion, but if you and the lawyer agree to work together on your case, then you’re free to focus on your recovery while your lawyer works on recovering compensation.
Potential Compensation in Personal Injury Claims
Winter accidents can cause serious injuries. Generally, the more serious the injuries sustained, the more compensation you can pursue.
In Calgary, there are 5 main types of compensation you may receive:
- Pain and suffering: Alberta has a cap of $6,061 for minor injuries. For serious injuries, pain and suffering compensation is calculated based on the severity of the injury and the impact it has had on your ability to work, look after yourself, and enjoy recreational activities.
- Past wage loss: The earnings you have lost due to being away from work recovering from your injuries will be calculated. This compensation is subject to taxation.
- Future wage loss: If your injuries mean you can no longer return to the job you did before your accident, you may be entitled to compensation for loss of future earning potential. Your settlement will be calculated based on several factors, including age, current income, promotion opportunities, and pension contributions.
- Special damages: This is a catch-all for any out-of-pocket expenses you have incurred as a result of your accident. It could include medical expenses not covered by AHCIP, travel to and from treatments, and medical equipment.
- Future care: If your injuries have caused long-term conditions that will require ongoing care, you may be entitled to compensation to cover these expenses. Medical expert witnesses may be used to testify to the nature and cost of this care.
Each case is unique, and your personal injury lawyer will discuss all the potential compensation you may receive in your case.
You Are in Safe Hands With Grover Law Firm
After being caught out by Calgary’s harsh winter conditions, you need to entrust your case to a compassionate law firm with a track record of success. For over 20 years, Grover Law Firm has been representing the people of Alberta and obtaining great results in a wide range of personal injury cases.
We understand that a winter accident in Calgary brings added complications. However, do not quickly brush it off and assume you have no legal options. Our personal injury lawyers care and are ready to provide the legal advice you need to see a way forward.
So don’t delay. Call us or fill out our contact form, and we can schedule a free case evaluation with you very soon.