The colder wintertime temperatures bring the danger that is ice and snow. For many, snow is a beautiful thing – a soft white blanket that brings a unique stillness to the world. However, as we all know, road conditions worsen in snowy weather, which increases the chance of accidents.
In Kentucky, snow accumulation is typical, especially further north. With the accumulation comes snowplows and salt trucks that keep roads safe in wintery conditions. Because of the need for clear roads, snow removal crews have immense pressure on their shoulders to make roads passable. Unfortunately, these long hours and the need for haste can result in costly mistakes. An accident caused by snow removal crews could damage personal property, cause injury, or even death.
What Are the Types of Snowplow Accidents and Damages?
Accidents involving snowplows tend to cause significant damage to other vehicles involved due to their immense size and specialized equipment to remove debris from the road. Typically, cars traveling on the same street as plows do not have the same maneuverability. When a vehicle slides on ice moving towards a plow, its braking system cannot slow the car as it approaches.
The pressure to quickly perform their jobs may distract snowplow operators from focusing on the entire road. This combination of divided attention and an inability to maintain safe driving procedures can cause accidents resulting in serious injuries.
Additionally, snowplows often cause accidents and damage to non-moving vehicles. For vehicles parked on the street, plows are dangerous. One wrong move can cause plow operators to careen toward the curb, resulting in damage to personal property. Plows can also bury vehicles parked along the road in snow, and although it is not common in Kentucky, people can be trapped inside buried cars. Once they are trapped, the occupants run the risk of suffering the effects of hypothermia and even death.
How Do Authorities Determine Liability in Snowplow Accidents?
Insurance companies and law enforcement treat snowplow accidents similarly to any accident in Kentucky. Although they don’t have the final say (that’s up to the jury),when law enforcement agents determine who is at fault for an accident, they consider the reasonableness of the drivers operating their vehicles. Factors such as road conditions, speed, and distractions are all factors that can shift who was most negligent during the accident. Additionally, officers will inspect specific plow features such as position to determine if the driver operated the snowplow reasonably.
Can You File a Claim Against the DOT?
The Department of Transportation is the largest owner and operator of snowplows in Kentucky. However, the state subcontracts private companies to clear roads. Before filing a claim against the DOT, you need to know who is responsible for the accident and who owns the snowplow involved.
However, Kentucky law sometimes restricts certain filings against the DOT when a state employee or agent is involved. For example, there some circumstances where damages are caps on how much compensation the state must pay and strict deadlines on when cases need to be filed. If the victim fails to follow these specific requirements, they may be unable to file their claim and receive compensation for damages or injury.
Choose a Premier Automobile Accident Attorney in Kentucky
If you have experienced an accident involving a snowplow or snow removal equipment in Kentucky, you need the experience of a reputable car accident attorney on your side. Trying to fight insurance companies or file your case in court on your own is a complicated and arduous task. Instead, choose someone with car accident knowledge and experience to get you the compensation to which you are entitled.We have been involved with cases involving injuries from snow plow collisions. We know how to get things done.
Contact McCoy & Sparks today to learn how we can help you receive the compensation you deserve from your recent snowplow accident. Our team of personal injury attorneys has the experience and know-how to take on insurance companies and government agencies to get you the most for your accident. Contact us today for a free consultation at 1-844-4KY-WINS or fill out our online form. If you prefer an in-person consultation, stop by our offices at 212 W. Stephen Foster Ave. in Bardstown, Kentucky.