Legal Guide

How Weather Affects Pedestrian Cases

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How Weather Affects Pedestrian Cases

Alberta's weather is extreme and unpredictable—from icy winters to sudden summer storms. When pedestrians are injured in accidents, drivers and municipalities often try to blame 'bad weather' to avoid responsibility.

But Alberta law expects all parties—drivers, property owners, municipalities—to ensure pedestrian safety, regardless of conditions. Weather doesn't excuse negligence.

As Alberta personal-injury lawyers experienced in pedestrian claims, we understand how weather impacts liability and compensation. This guide explains how weather affects pedestrian accidents, who may be responsible, and what victims should do.

This guide covers:

How weather contributes to pedestrian accidents
Who can be liable in weather-related cases
Common weather defences used by insurers
How negligence is proven in poor weather conditions
Steps to take after a weather-related pedestrian accident
How a lawyer strengthens a weather-related case
How weather affects municipal liability
Compensation available for weather-related accidents

How Weather Contributes to Pedestrian Accidents

Poor weather conditions are a leading factor in pedestrian injuries in Alberta, often due to drivers or property owners failing to adapt.

Common weather-related causes include:

Icy or Snow-Covered CrosswalksCausing pedestrians to slip, fall, or be unable to cross quickly.
Reduced VisibilityDarkness, fog, or blowing snow limiting driver reaction time.
Slippery RoadsRequiring vehicles longer distances to stop and potentially sliding into crosswalks.
Sun Glare or Heavy RainCausing drivers to lose sight of pedestrians or traffic signals.
Unplowed Sidewalks or Poorly Maintained PathsMunicipalities and businesses neglecting timely clearing.

Who Can Be Liable in Weather-Related Pedestrian Accidents

Several parties may share responsibility when poor weather contributes to a pedestrian injury:

1

Drivers

Who fail to slow down, maintain control, or yield at crosswalks.

2

Municipalities

That neglect snow and ice removal on public sidewalks and intersections.

3

Private Property Owners

Who fail to clear or salt walkways within reasonable timeframes.

4

Contractors or Maintenance Companies

Responsible for snow removal or de-icing.

Even when conditions are poor, drivers and property owners are still expected to act cautiously. Alberta courts consistently hold that weather reduces excuses — not accountability.

Common Weather Defences Used by Insurers

Insurance companies often argue that weather, not negligence, caused the accident. These defences are common but rarely absolute.

Roads Were Too Icy

Claiming 'no one could stop in time' despite the driver's duty to adjust speed to conditions.

Poor Visibility

Arguing visibility was poor so the driver didn't see the pedestrian, despite the duty to drive cautiously in adverse conditions.

Municipality Didn't Have Time

Claiming the municipality didn't have time to clear the snow, even when maintenance standards weren't met.

Pedestrian Should Have Worn Brighter Clothing

Blaming the pedestrian's clothing choice, despite drivers' duty to be aware of all road users.

Injured in a weather-related pedestrian accident?

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Steps to Take After a Weather-Related Pedestrian Accident

Immediate action is crucial to preserve evidence and protect your rights in weather-related cases.

Call 911 and Ensure Police Document Conditions

Call 911 and ensure police document the road and weather conditions.

Get Immediate Medical Care

Get immediate medical care — even minor injuries can worsen.

Take Photos or Videos of the Scene

Take photos or videos of the scene, ice, snow, and lighting.

Collect Witness Contact Information

Get names and contact details from any witnesses who saw the accident.

Note Weather Details

Note weather details such as temperature, wind, or visibility.

Request the Police Report Number

Request the police report number before leaving the scene.

Avoid Insurer Statements

Avoid insurer statements until you have legal advice.

Contact an Alberta Pedestrian-Injury Lawyer Quickly

Contact an Alberta pedestrian-injury lawyer quickly — weather conditions change fast, and evidence can disappear.

How a Lawyer Strengthens a Weather-Related Case

These cases often require both legal strategy and technical expertise. We:

Secure Weather and Maintenance Records

Secure **weather and maintenance records** to establish unsafe conditions.

Work with Accident Reconstruction Experts

Work with **accident reconstruction experts** to analyze driver visibility and stopping distances.

Identify Municipal and Private Maintenance Responsibilities

Identify **municipal and private maintenance responsibilities** to determine all liable parties.

Collect Medical and Economic Evidence

Collect **medical and economic evidence** showing the full impact of your injuries.

Negotiate or Pursue Litigation

Negotiate with insurers or pursue litigation if liability is disputed.

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Frequently Asked Questions

Conclusion

Weather may make Alberta's roads and sidewalks more dangerous — but it doesn't erase responsibility. Drivers, municipalities, and property owners must all adjust their conduct to keep pedestrians safe, regardless of ice, glare, or snow.

Get medical attention immediately

Take photos of the conditions

Avoid insurer communication

Contact a lawyer quickly before evidence disappears

Still have questions?

Contact us today — your consultation is free. No fee unless we win.