Bad weather and road traffic collisions: Who is liable?

This blog was written thanks to the expertise of our team, including Alex Cohen, Philip Cohen and Steven Akerman, leading experts in compensation claims for chronic pain and serious injury.

January is one of the most dangerous months on UK roads. Shorter daylight hours, freezing temperatures, ice, fog and heavy rain all combine to create hazardous driving conditions. Unfortunately, this also means an increase in road traffic collisions, many of which result in serious injury.

At Brian Barr Solicitors, we regularly assist people who have been injured in road traffic accidents during periods of bad weather. A common question we hear is: “If the weather was bad, can I still make a claim?” The short answer is yes – and understanding why is important.

While snow, ice and heavy rain can make driving more difficult, this does not excuse careless or dangerous driving. In fact, the Highway Code is clear that motorists must adapt their driving to the conditions, such as reducing speed, increasing stopping distances, using headlights appropriately, and avoiding harsh braking or sudden manoeuvres.

If a driver fails to adjust their driving and causes a collision, they may still be found negligent – even if the weather played a part.

During winter months, we often see claims arising from:

  • Rear-end collisions due to inadequate stopping distances on wet or icy roads
  • Loss of control caused by excessive speed in poor conditions
  • Collisions at junctions where drivers misjudge braking distance
  • Accidents involving black ice, particularly in early mornings or late evenings

Not all injuries from a road traffic collision are immediately apparent. In some cases, individuals go on to develop chronic pain conditions, including fibromyalgia, weeks or even months after the accident. These conditions can have a profound impact on daily life, affecting mobility, sleep, concentration and mental wellbeing.

Liability can still be established even where conditions are poor for everyone. Evidence is crucial. From dashcam or CCTV footage, to police reports, witness statements and photographs of the scene and of road conditions – can all help.

At Brian Barr Solicitors, we specialise in cases involving serious and catastrophic injuries including chronic pain and fibromyalgia arising from road traffic collisions. We take a proactive approach to gathering evidence and building a robust case. Establishing a link between the collision and the condition requires detailed, high-quality medical evidence. We work closely with leading medical experts to obtain comprehensive medical reports that properly address diagnosis, causation and prognosis, ensuring that the long-term nature of these conditions is fully recognised and valued within a claim.

If you have been injured in a road traffic collision this winter – whether as a driver, passenger, cyclist or pedestrian – you may be entitled to compensation. This can cover pain and suffering, loss of earnings, medical expenses and rehabilitation costs. Our experienced team has a strong track record of helping clients recover the compensation they deserve, even in complex cases involving adverse weather conditions.

To learn more about our success stories, and get the legal support of leading specialists in the field, call us on 0161 737 9248.

Meet the team

Picture of Steven Akerman

Steven Akerman

Personal Injury Solicitor &
Director, Brian Barr

Picture of Alex Cohen

Alex Cohen

Personal Injury Solicitor &
Director, Brian Barr

Picture of Philip Cohen

Philip Cohen

Director, Brian Barr

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