Who Is Liable in a Snow Plow Accident?
Almost every winter, Illinois sees some type of snow. It is common to see snow plow drivers moving around and clearing the roadways. While snow plows ensure that streets are safe and free from obstructions for drivers and other road users, they can also cause catastrophic accidents and injuries.
Who can be injured in a snow plow accident?
A few different groups of people can be injured in a snow plow accident. However, the two most common groups to experience injuries from these large vehicles include:
- Drivers: Motor vehicle drivers are usually involved in collisions with snow plows. Whether the snow plow is moving forward or backing up, they may be unable to see the smaller vehicle, or they may make a mistake or error, causing a serious crash.
- Pedestrians: Pedestrians are another common victim of snow plow accidents. This usually happens when a pedestrian must walk on the roadway to avoid icy or snowy sidewalks or a snow plow getting too close to the sidewalk, striking or running over the pedestrian.
What makes snow plows so dangerous?
Although snow plows are known for keeping the roads clear for people needing to make it to their destinations during the winter months, these vehicles are large, powerful, and heavy machines that can cause damage to anything in their pathways. Here are a few things that make snow plows so dangerous:
- They have visibility issues: Snow plow drivers experience reduced visibility when driving. This is usually because they work in snow and sleet, which can cause trouble seeing other vehicles and pedestrians. In addition, snow plows have several blind spots, making it easy for drivers and other road users to enter an area around their vehicle that they cannot see.
- They are large and heavy vehicles: Snow plows are very large and heavy. Some of these vehicles look similar to large tractors or bulldozers on the roadway. If one of these vehicles hits a smaller vehicle or pedestrian, the long-term consequences are often life-threatening.
- They operate in risky weather and road conditions: Snow plow drivers operate in very risky weather and road conditions. This means they frequently encounter slippery roads, black ice, and other dangerous conditions that can cause them to skid across the roadway, slide, lose control of their vehicle, and run into oncoming traffic.
Common causes of snow plow accidents
Operating a snow plow can be considered a dangerous profession. The snow plow driver must get behind the wheel of a large vehicle immediately after or even during a snow or ice storm. This means that they often work in clouds of snow or ice and drive on wet, icy, and slippery roadways. Snow plow drivers must be very careful and cautious to reduce the possibility of an accident during these conditions. If they make one mistake or error, it can lead to a devastating accident. The following are some of the common causes or contributors of snow plow accidents:
- Speeding
- Distracted driving
- Tired or drowsy driving
- Failure to check blind spots
- Lack of training or experience
- Defective or malfunctioning parts or equipment on the vehicle
- Lack of maintenance of the vehicle
- Drunk or intoxicated driving
- Careless or reckless driving
Who can be held legally responsible for my snow plow accident?
Depending on the facts and circumstances surrounding your snow plow accident, there could be several different parties who are legally responsible, such as:
- The snow plow driver: The snow plow driver is the most obvious party that can be held legally responsible for your snow plow accident. However, you must prove that they made a mistake or error, which resulted in your accident.
- The manufacturer: If one of the snow plow’s parts malfunctions and causes a crash, the manufacturer may be held liable for your snow plow accident. The manufacturer is required to ensure that the vehicle meets all safety standards and is considered safe to drive. If it is determined that the vehicle had an issue that occurred during the manufacturing process, the manufacturer could be responsible.
- The employer: If the snow plow driver was overworked, inexperienced, or lacked training, the employer may be liable. In addition, if it is determined that the employer knew about the maintenance issues that affected the vehicle but failed to order repairs, they could be legally responsible for any accidents.
- The owner: Since snow plows are only needed during the winter months, it is not uncommon for them to be rented or leased. If this is the case and the vehicle was defective, the owner could be legally responsible for your snow plow accident.
- Mechanics or maintenance crews: If a mechanic or maintenance crew was supposed to inspect, locate, and repair any issues with the snow plow but failed to do so, they may be liable for your accident.
- A government agency: Depending on where you are located, some government agencies own and operate snow plows. If you are struck or injured by a snow plow owned or operated by one of these agencies, you can hold them accountable for your accident. However, keep in mind that claims against the government are very challenging, so it is strongly recommended that you retain a lawyer quickly after your accident to determine your options.
Compensation you can seek after a snow plow accident
After a snow plow accident, you may be able to file a personal injury claim and seek compensation for your injuries. Whether you are a pedestrian or driver who was struck by one of these vehicles, you may be able to recover compensation for the following losses:
- Medical expenses
- Lost wages
- Physical and occupational therapy costs
- Psychological and counseling fees
- Prescriptions
- Physical and chronic pain
- Disability
- Scarring and disfigurement
- Loss of quality of life
- Loss of enjoyment of activities
- Transportation to and from appointments
- Mental anguish and emotional distress
- Home or vehicle modifications
- In-home care
At Glisson Law, our Alton personal injury attorneys take snow plow accident claims seriously. If you have been involved in a snow plow accident and need legal assistance, please reach out to our firm as soon as possible. Call our office or submit our contact form to schedule a free consultation. We are located in Alton but serve clients in Belleville, Edwardsville, Springfield, St. Clair, and Madison Counties, all of Southwestern Illinois and Missouri.