Winter Tires And Liability

Winter Tires And Liability: What Happens If You Drive Without Them In Ontario?

Written By: Jamie Davison, Associate, and Cierra Hurley, Student-At-Law
7 Minute Read

As temperatures drop and winter settles in across Ontario, drivers must prepare for the challenging road conditions that come with it. Snow, slush, freezing rain, and rapid temperature swings can quickly turn a routine drive into a dangerous one. Ontario drivers face one of the most important safety decisions of the season: whether to install winter tires.

Ontarian’s are not legally required to have winter tires; however, the choice to install winter tires has implications that extend beyond traction and control. It can also affect liability in the event of a collision. Driving without winter tires increases the risk of losing control on icy or snow-covered roads and, in some cases, may influence how fault is assigned if a collision occurs. Below, we break down exactly how winter tires affect safety, liability, and insurance claims in Ontario.

Why Winter Tires Are Critical for Ontario’s Road Conditions

Ontario’s winters are unpredictable, often alternating between bare pavement, heavy snow, black ice, and freezing rain all in the same week. All-season tires are not designed for this level of variability.

Winter tires offer several key advantages:

  • Reliable Traction in Cold Weather

All-season tires harden when temperatures dip below 7°C, reducing flexibility and grip. Winter tires use specialized rubber compounds that remain pliable in the cold, providing stronger road contact and better traction.

  • Superior Grip on Snow and Ice

Winter tires feature deep tread patterns and additional siping to grip icy and compacted snow surfaces, channel slush away from the tire, and reduce the likelihood of sliding, fishtailing, or hydroplaning. Studies show winter tires can reduce braking distance by as much as 25% in snowy and icy conditions, often the difference between a near miss and a collision.

  • Improved Performance of Modern Safety Systems

Safety technologies like anti-lock brakes (ABs), traction control, and electronic stability control depend on the tire grip. Without proper traction, even advanced systems cannot function as intended. Winter tires allow these features to perform at their best.

Are Winter Tires Mandatory in Ontario?

Ontario does not legally require the use of winter tires; however, the Ministry of Transportation strongly recommends them for safe winter driving. Even though you won’t face a fine for skipping winter tires, they can still play a meaningful role in what happens after a collision or during an insurance review. Winter tire use may influence:

  • Fault determination: When evaluating an accident, insurers and courts may examine whether the driver used appropriate tires for the road and weather conditions. Using unsuitable tires, such as summer tires in the winter, can influence how responsibility is assigned.
  • Insurance investigations: During a post-collision review, insurance adjusters often assess whether inadequate traction or reduced braking performance contributed to the incident. The type and condition of the tires can play a significant role in determining how the vehicle responded at the time of the accident.
  • Compensation for injury or vehicle damage: In certain cases, the absence of proper winter tires may affect the outcome of insurance claims. If an insurer concludes that improper tires contributed to the crash or worsened its severity, this factor can influence the amount of compensation granted.
  • Eligibility for insurance discounts: Many Ontario insurers offer discounts for installing certified winter tires. Installing winter tires early, typically in November, helps you maintain eligibility. Make sure to inform your insurer when you switch to winter tires to ensure you receive the benefit.

Despite not being mandatory, over 70% of Ontario drivers choose winter tires each year because of their proven ability to enhance grip, shorten stopping distances, and improve overall control on winter-weather roads. For many, the safety benefits and potential insurance savings make winter tires a practical choice.

How Winter Tires Influence Fault and Liability After a Collision

In Ontario, each driver’s actions are examined to determine how much they contributed to the crash. If your choices, such as failing to equip your vehicle with winter-appropriate tires, played a role in the accident, you may be found at fault. This can include situations where:

  • Poor traction caused you to lose control, making it harder to brake, corner, or maintain stability.
  • You were driving on all-season tires during severe winter conditions, such as heavy snow, freezing rain, or icy roads.
  • Your tires had worn or insufficient tread, reducing grip and increasing stopping distance.
  • Inadequate tire performance played a role in the crash, even if other factors were involved.

Winter tires may not be mandatory, but they matter. Their absence can still influence a fault determination. Not having winter tires doesn’t automatically make you responsible for a collision, but it may be considered evidence that you did not take reasonable precautions for the weather and road conditions. In other words, if using proper winter tires could have reasonably reduced the risk of the accident, your level of fault may be increased.

Best Practices for Safe Winter Tire Use

Installing winter tires is an important first step, but it’s only part of staying safe on cold, icy roads. To get the best performance and protection, follow these essential winter tire practices:

  • Install Early

Don’t wait for the first snowfall to make the switch. Installing early ensures your tires are performing at their best before cold weather arrives.

  • Monitor Tread Depth

Adequate tread depth is critical for traction on snow and ice. As tread wears down, your tires lose the ability to channel slush, bite into snow, and maintain stability. If you’re unsure whether your tires are still safe, have a professional inspect them and measure tread depth.

  • Maintain Proper Tire Pressure

Cold temperatures naturally cause tire pressure to drop. Underinflated tires reduce fuel efficiency, increase stopping distances, and make steering less responsive. Check your tire pressure at least once a month during winter, and always before long trips, to ensure it matches the manufacturer’s recommended level.

  • Use Winter Tires on All Four Wheels

Mixing winter tires with all-season or summer tires may seem economical, but it creates uneven traction and unpredictable handling. For balanced performance and maximum control, equip all four wheels with matching winter tires.

  • Choose Tires with the 3PMSF Symbol

Look for the Three-Peak Mountain Snowflake (3PMSF) symbol on the tire sidewall. This certification means the tire has passed recognized winter performance testing and provides reliable traction in severe snow conditions, unlike basic markings, which do not require rigorous testing.

Protect Yourself This Winter

Winter driving comes with unique risks, and being prepared can make all the difference. Installing reliable winter tires improves safety, reduces the chance of collisions, and can protect you legally and financially if an accident occurs. If you’re injured in a winter crash, speaking with an experienced personal injury lawyer early ensures every factor is carefully evaluated and that you receive the compensation you deserve.

Stay safe this winter.

Jamie Davison

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