Solicitors warn over winter legal bills for motorists

A SOUTH Yorkshire firm of lawyers has warned motorists to take extra care in the icy weather to avoid accidents . . . and costly legal bills.

Solicitors Russell Jones and Walker say that, according to Freedom of Information Act requests it made, Rotherham Borough Council is aiming to spend 46% less on gritting this year than it did during last winter’s big freeze, although it has boosted grit provision by 26%.

Matthew Tomlinson, from RJW's Road Traffic Accident department in Sheffield, said: : "Obviously it's good news that Rotherham Metropolitan Borough Council has increased its gritting provision, however we would urge drivers not to be complacent.

“The legalities about driving in wintry conditions are grey, but a few basic dos and don'ts should ensure you stay injury free in the depths of winter."

Mr Tomlinson issued the following advice:

Do clear snow from the top of your car.

“It's not against the law to drive with snow on the roof of your car - but clearing it before you begin your journey is common sense. If snow flies off your roof into the windscreen of another car, you could be penalised for driving without due consideration, dangerous driving, and not being in proper control of your vehicle - that could lead to a fine of £60.00 and three penalty points.”

Do not expect the council to grit every single road.

“Councils regularly bear the brunt of angry motorists when roads become too treacherous to navigate, but legally, they're not obliged to lay grit on all busy roads. Local Authorities don't have an absolute duty to grit every single road, but they should ensure major highways aren't endangered by snow or ice. It wouldn't be cost effective, or reasonable, to expect the council to grit every single road, even in the most extreme weather.”

Do clear snow from outside your house:

“Anybody who makes an effort to help the community by clearing the snow from outside their home shouldn't fear legal action if a pedestrian slips over. The advice is simple: as long as the snow has been cleared in a way that doesn't cause obstacles or hazards i.e. mounds of snow in the middle of the pavement, there would be no issue of liability. Be socially responsible, if you know the pavement outside your house is used regularly particularly by elderly people and children - clear it.”

Do not think of a journey into work as "essential":

“The difficulty that employees face is that there is no legal right for their employer to pay them if they are unable to attend work because of treacherous weather. Many businesses now have an 'adverse weather' policy that clarifies the steps employees are required to take to try to get into work on time, so check with your employer - but above all use your common sense; getting to work on time isn't a good reason to put yourself in danger.”

READ MORE