Beware: Winnipeg Potholes and Your Responsibilities
March 3, 2024Sure signs of spring in Manitoba: patches of green, the expectant smell of renewal in the air, birds returning from their southern sojourn, and roads opening up to swallow you, and whatever mode of transport you are using, whole. Every year, Winnipeg potholes are so dangerous due to the long winter and even longer and wetter spring.
While the state of our thoroughfares gives way too much grumble and front-end alignment, it is important to take caution when traveling around Winnipeg potholes.
Manitoba drivers are under a no-fault insurance system through insurance companies, meaning that individuals cannot sue in court for damage and injuries incurred from motor vehicle collisions. A no-fault system, however, does not mean drivers are necessarily off the hook for poor road conditions. If you are driving a motor vehicle and damage your car from a pothole, you may be responsible for repairs to the vehicle. Trying to avoid road hazards also possesses its own problems, as drivers run the risk of colliding with other vehicles and objects on the roadway and may be found at fault for the collision by insurance companies.
Cyclists, too, are roadway users and subject to hazards as a result of road deterioration. Concerns were raised last year in Winnipeg aimed at city maintenance following the death of a man after he struck a water-filled pothole while cycling. While lawsuits against cities and municipalities with respect to the failure to maintain roadways are not uncommon, there are a number of factors that courts consider in when determining whether an injured party is entitled to compensation.
At law, the general rule is that individuals owe a duty to take reasonable care for their own safety. In assessing whether a defendant will be held responsible for failing to repair a pothole causing injury, judges will consider, among other elements:
- Whether the person was keeping a “proper lookout” by paying attention to their surroundings;
- The experience of the person performing the activity;
- Whether the person was wearing proper safety equipment (for example, a helmet);
- If the person required prescription glasses, whether he or she was wearing them at the time;
- How fast the person was traveling in the circumstances;
- Whether the person was under the influence of drugs or alcohol that might impair judgment and reaction time;
- The lighting conditions at the time of the incident;
- Whether the hazard was properly marked; and
- Whether any attempt was made to avoid the hazard.
In addressing these factors, courts have, at times, found cyclists partly, if not fully, responsible for their injuries. While each case must be decided on its own facts, take care around what is an inevitable part of the Manitoba spring thaw.
Contact us for more information, and we will help you manage your accident caused by Winnipeg potholes.
