Road traffic accidents happen on slippery winter roads in Ireland. It’s one of those facts you can’t avoid, but that doesn’t mean you can’t avoid having one.
Good driving and careful driving are great ways to avoid having an accident on the road. What you cannot look out for is the slippery, untreated road, or the poorly maintained road with bumps and potholes that catch you off guard.
Of course, there is always the careless driver going too fast for the conditions who runs into the back of you on a dark, cold winter’s morning.
Let’s take a look behind the scenes and see what you can do when in a crash during the winter months.
Are the winter months really as bad for accidents on the roads?
The statistics would say yes. Irish winter roads are wet and slippery, not always well-maintained, and there seems to be an increase in the number of road users, adding to the mix.
Nearly 33% of road collisions on Irish roads happen during the winter months, November to February, according to the Road Safety Authority. A recent report shows over 490 collisions per winter month that resulted in serious injury and death during the period surveyed.
Weekdays show a higher number of road traffic accidents, averaging nearly 15% of all weekly collisions per day. The weekend isn’t far behind, though, at 12% of RTAs, so you can have a crash any day during the winter.
The takeaway here is that winter months can be dangerous on Irish roads. You should keep your wits about you on the way to work or when taking the kids to school.
Why are winter months so dangerous for drivers?
The winter months are dangerous for a number of reasons, not least the fact that many Irish roads are badly in need of repair.
Irish drivers can be in accidents anywhere and at any time of day or night. Over 2,300 people are injured in Dublin annually, with Kildare coming in next at over 300. Over 40% of road traffic accidents occur between 3 pm and midnight, so drivers need to stay alert at all times.
Factors behind an increase in accidents on the road during the winter:
The Gardai and the Road Safety Authority issue warnings for poor driving conditions. Met Éireann issues bad weather warnings too, but not everyone obeys the instructions to slow down and drive carefully.
Can I claim for a crash due to bad weather conditions?
You can claim for personal injury in a crash due to bad weather conditions, but it can be a tricky process. Certainly in many claims, the bad weather may be a factor in an accident and bad weather is not always considered an ‘Act of God’ in road traffic accidents.
You will need to show that your injury is due to the impact of the road traffic accident and that the road traffic accident was due, or partially due to the conditions of the road.
If you are hit from behind in traffic, the other driver is usually at fault, and they cannot say the ice on the road caused the accident. Drivers must adjust their speed to the road conditions.
Similarly, you may be able to claim if you are injured when your car slides off the road on black ice, but you must be able to show the council should have treated the road in advance.
Who is liable when making a claim?
Making a claim against the person or entity liable for your accident can get tricky when the bad weather becomes a factor.
In all personal injury claims*, you must show:
If another driver crashes into you due to careless driving, speeding or drunk driving, the weather conditions are almost irrelevant. The driver is liable for the personal injury caused because they breached their duty of care by driving recklessly.
If you are in a road traffic accident caused directly by poor road conditions, it can be difficult to show liability, which does not mean someone is not liable.
If your car crash happened directly from the black ice on an untreated road, you may have the makings of a claim. You will need to show that the road was usually gritted, but it was not at the time of your accident, despite a Met Éireann or RSA weather warning being in place.
Evidence, evidence, evidence is always vital to making a successful claim.
What evidence do I need when making a road traffic injury claim*?
As much evidence as possible is what we always say to our clients when making a road traffic injury compensation claim*.
In the case of a road traffic accident claim where poor road conditions are a factor, you will need to gather even more evidence than usual.
Evidence to gather when making a claim for poor weather conditions:
Keep the evidence safe and give it all to your solicitor when making a claim.
Do I need a solicitor tor make a claim?
No, you do not need a solicitor, but having one in your corner will make a claim a lot easier for you to do.
A personal injury solicitor will know the ropes. They know how to make a personal injury claim* for a road traffic accident. A good solicitor will also tell you if you do not have a valid claim or what you are missing to make it a successful claim.
Making a car accident claim can be difficult when the poor road conditions are the main cause of the crash. You will need to show who is liable and that they breached their duty of care, causing your personal injury.
A good solicitor will go through every aspect of making a claim and be by your side from day one.
Contact O’Reilly Doherty & Co Solicitors Today
Make a road traffic accident claim today by contacting O’Reilly Doherty & Co Solicitors. We have the team in place to handle your personal injury claim* and secure compensation for your injuries.
A personal injury claim* can be a complicated process, but with the right solicitor on your side, you can get the compensation you and your family deserve.
Contact O’Reilly Doherty & Co. Solicitors in Dublin to make a road traffic accident compensation claim* today.
