ACCIDENT DUE TO SLIPPY AND SNOWY ROAD. WHO SHOULD BE RESPONSIBLE FOR THE DAMAGE CAUSED?

 With the arrival of every winter in Ukraine, along with piles of snow come a lot of cases related to road accidents. And drivers are not always the culprits of road accidents. In winter, when the roads are covered with ice and snow, the number of accidents increases tenfold. There are situations when ice, snow drifts are formed on some sections of the road, road services do not cope with cleaning and finishing of roads, and drivers as a result do not cope with management and get into road accidents.

 In the condition of the road surface, covered with ice and a thin layer of fresh snow and untreated or poorly treated with anti-icing material, regardless of the condition of the wheels of the car can occur. Therefore, from a technical point of view, the highway is covered with ice and a thin layer of fresh snow and poorly treated with anti-icing material, is in direct causal connection with the accident. In this road situation, the driver of the car simply does not have the technical ability to stop and avoid an accident.

 Who is to blame in such situations and who should compensate the losses?

 In such cases, it is necessary to establish whether the road balancer has taken the necessary measures to properly maintain the road surface in view of weather conditions and the requirements of applicable law?

 What are these measures?

 Elimination of winter slipperiness on public roads should be carried out from the moment of its detection to complete elimination.

 In addition to snow removal, responsible persons must provide road users with safe traffic conditions and information on hydrometeorological and other conditions; identify accident-hazardous areas, and if it is impossible to eliminate, immediately mark with road signs, fencing and guiding means, solve the issue of ensuring the operation of road facilities in adverse weather and climatic conditions and together with specialized traffic services and in agreement with the State Traffic Inspectorate changes to the order of traffic organization.

 The very fact of departure of special vehicles, even repeatedly, for mechanochemical snow removal of the road, is not all the necessary actions to properly maintain the road surface and ensure road safety in the weather conditions prevailing at the time of the accident.

 Roads, streets and roads of settlements and railway crossings must be maintained in good condition for the period of their operation and ensure the safety of vehicles and pedestrians. In all cases, in case of detection of any deviations from the requirements of the established standards, technical means of traffic organization must be installed immediately and speed limits must be introduced.

 According to the Law of Ukraine "On Road Traffic ", Rules of application of road signs DSTU 4100-2002, DSTU 3587-97, if in bad weather conditions it is impossible to completely eliminate the slippery and snowy roads, road signs "slippery road", "ice should be located". the sign is installed in settlements at a distance of 50-100 m before the beginning of the dangerous area.If necessary, the sign is installed at another distance, which is indicated on the appropriate plate.Outside settlements the sign is repeated.The next sign is installed at a distance of at least 50 m .

 This sign informs the driver that there is a section of road with a slippery surface ahead. Therefore, when approaching such a section, the driver is obliged to reduce speed in order to pass it with observance of safety measures.

 If these road signs were not installed on the day of the accident, and at the time of the accident, the road was covered with ice and snow, there is no coordination of the traffic organization scheme with the traffic police and road safety is not ensured, it indicates negligence and inaction of road balance holders, non-fulfillment of their responsibilities, resulting in improper condition of the road and causing material damage in this regard.

 Thus, if there are no violations of traffic rules by the driver, in a direct causal connection with the consequences of the accident will be unsatisfactory condition of the road. Evidence of unsatisfactory condition of the road will be the scheme of the accident, the protocol on administrative offenses, explanations of witnesses, expert opinions, photos from the scene of the accident, etc.

 In this case, the road balancer will be responsible for causing the damage, and therefore he will be the defendant in the case.