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INJURYwise

Winter tires required?

You know winter is here when the topic of conversation around the water cooler, or in my case a birthday party, is, “So… have you put your winter tires on yet?”

Unfortunately, most of us procrastinate until the first major snowfall, thereby resulting in massive line ups at the tire stores. Before heading to the store or while waiting in line you might start to wonder, do I really need winter tires?

The answer depends on where you live and what you do for winter fun. While there are no laws that require you to put winter tires on your vehicle, there are laws that can limit where you can travel if you do not have winter tires or chains. The government has the ability to restrict travel on certain highways to vehicles with winter tires or chains by public notice or posting signs. As a result, no winter tires might equal staying within the city limits. While this may be a good strategy if you don’t want to attend your in-laws' place for Christmas dinner, there are still other factors to consider.

If you are in an accident where winter tires could have prevented the accident, you may be found liable. In the tragic case of Foster v. Perry, the Court found the driver of a pick-up truck liable when her truck swerved over the center line, hitting an oncoming fuel tanker truck. As a result, the tanker truck crashed into a guard rail and exploded, killing the 39-year-old driver. The pick-up truck had swerved as a result of hitting some ice on the highway. The driver of the pick-up truck had all season tires. The Court found that without winter tires, she was negligent for not adding weight to the back of the truck or engaging the truck in 4-wheel drive, which according the engineering evidence would have prevented the swerve.

The case of Chrisgian v. Hatzisavva contains some telling commentary from the Court on winter driving. This case involved a single car accident on the Hope-Princeton Highway. The driver lost control of his vehicle on a straight section and rolled down an embankment. The driver testified that he had a set of new all season radial tires. In response to the tire evidence the Judge stated: “At the risk perhaps of stretching the concept of judicial notice, I simply observe that too many who traverse that long and winding road in winter anything short of a full set of proper winter tires is unthinkable.” The driver also testified that the road conditions were such that it was even hazardous to “touch the brakes". He had reduced his speed to 60 kilometres per hour. In response to this evidence the Judge stated: “I think it goes without saying that if one is literally operating a motor vehicle on a snow covered road at such a speed that it is hazardous to “touch” the brakes, one is going too fast.” He went on to add that the driver offered no evidence that he had ensured that he had traction at the speed he was traveling. Ultimately, the Court found the driver liable for not reducing his speed to a level in which it was safe to drive for the prevailing weather conditions.

In the case of Breen v. McKenzie, the driver hit some black ice on Boucherie Road in Westbank. The ice caused the vehicle to veer off the road and down an embankment. In this case the Court found that the driver of the vehicle was not liable. She was driving carefully, her vehicle was in good mechanical condition and it was equipped with good winter tires.

Once you have winter tires on your vehicle, it is still important to recognize that you are not invincible. For some reason, many drivers with 4-wheel drive and winter tires think they are not subject to the laws of physics. The fact is that when rubber does not meet the road, but meets ice instead, there is less friction and your vehicle will slip.

In summary, while there are no laws requiring you to put winter tires on your vehicle, you may be limited to where you can go without them. In addition, proper tires for the road conditions and reducing your speed to a level where you can ensure you have traction will help you stay safe and avoid liability in the event of an accident.

Important Note: The information contained in this column should not be treated by readers as legal advice and should not be relied on without detailed legal counsel being sought.

This article is written by or on behalf of an outsourced columnist and does not necessarily reflect the views of Castanet.



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About the Author

Keri Grenier is an experienced personal injury lawyer based at Murphy Battista LLP's Kelowna office. She also holds a B.A. in psychology. Her practice focuses on helping people who have been injured in motor vehicle accidents or due to the negligence of others.

In her column, Keri provides practical information about personal injury claims in a format that is simple and easy to understand.

Email: [email protected]

Website: http://www.murphybattista.com
 

Twitter:  http://twitter.com/KelownaLawyer



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The views expressed are strictly those of the author and not necessarily those of Castanet. Castanet does not warrant the contents.

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