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HERGOTT: Donsa国际传媒檛 blame road conditions

Lawyer Paul Hergott addresses driver negligence in his latest column
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sa国际传媒淚f roads are in such a condition that a motor car cannot safely proceed at all, it is the duty of the driver to stop. If the roads are in such a condition that it is not safe to go at more than a foot pace, his duty is to proceed at a foot pace.sa国际传媒

Those common sense words are as true today as when they became a legal precedent in 1941.

And they are consistent with the sa国际传媒淐areless driving prohibitedsa国际传媒 section of British Columbiasa国际传媒檚 Motor Vehicle Act that prohibits driving sa国际传媒渁t a speed that is excessive relative to the road, traffic, visibility or weather conditionssa国际传媒.

If itsa国际传媒檚 such common sense, why is it our instinct to blame icy roads instead of those who overdrive them?

Itsa国际传媒檚 an instinct reinforced by news media. Heresa国际传媒檚 a recent headline:

sa国际传媒淚cy roads cause several accidents across Kelownasa国际传媒.

Itsa国际传媒檚 true that the crashes would not have occurred absent the icy road conditions. But is that logic as misguided as blaming the lake if someone drowns?

A deadly weekend in Manitoba led the RCMP to issue reminders to Manitoba drivers. Cpl. Julie Courchaine reportedly shared two safety tips within the last week.

One: sa国际传媒淭he RCMP reminds motorists that with the recent fluctuating temperatures a thin layer of ice often forms on the highways due to melting during the day and re-freezing after sunsetsa国际传媒

The other: sa国际传媒淒rivers need to remember to drive appropriately for the road conditions. Often this requires driving at less than the speed limit. Stopping distances are drastically increased on icy roads whereas stopping distance on dry new pavement at 100 km can be as short as 50 metres. That same vehicle travelling at 100 km/h on icy roads may require up to 390 metres to stop. By reducing your speed to 70 km/h you can cut that stopping distance in half.sa国际传媒

A post shared by (@hergottlaw) on

Do we really need reminders about how ice forms, and that itsa国际传媒檚 slippery?

I guess we do.

I am going to add one thatsa国际传媒檚 not quite as obvious, but close. Please expect changing road conditions.

Road surface traction can change dramatically simply on turning a corner from one roadway to another. In the Okanagan where winter temperatures often hover around the freezing point, surfaces can become slippery over the course of a commute. High mountain passes are particularly susceptible to dramatically changed road surface conditions.

If we maintain constant vigilance, test traction any time we are uncertain and adjust our speed according to conditions, we can avoid hurting ourselves and others.

Letsa国际传媒檚 please stop blaming one of the most naturally occurring substances in our Canadian winters. And instead realize that it is within our power to learn how to drive just like itsa国际传媒檚 within our power to learn how to swim.

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