A Snow Plow Hit Me. What’s Next?

It’s February in New York and we’re gearing up for another Nor’easter this week. And here we’ve barely dug ourselves out of the last one that dumped 20” in some areas.

The most recent storm pounded the city with even more snow than upstate. Sometimes it’s easy to forget that in the city we have to be prepared for what we might typically assume is reserved for the country. And the risks of co-existing with snow plows.

Why Are Snow Plows Dangerous?

Snow plows are cumbersome vehicles designed for a difficult task. During a storm they’re the first on the road. Clearing the way so we can get where we need to go. Which means cutting through dense snow drifts, dealing with ice accumulation, and having to navigate around vehicles and pedestrians.

Snow plows move in unexpected ways because they have to clear more than just the roadway. They have to clear shoulders and turn lanes. All while operating in low-visibility conditions. Given the challenges it’s not surprising that snow plow operators have a lot of legal protections.

Are Snow Plows Responsible For Injury or Damage?

Snow plow operators in New York experience an extremely privileged position as drivers. In almost any instance, drivers of plows cannot be held liable for accidents while they’re engaged in working for the city. They’re exempt from traffic rules, including running red lights and stop signs, stopping abruptly, making illegal turns, and speeding.

The only way that you can hold a city or state snow plow driver responsible is if they exceed a negligence standard. There’s a difference under the law between being negligent and reckless. Negligence is doing something that a normal driver may do (speeding less than 10 miles per hour) while recklessness is not as easily defined.

And there’s a difference between a public snow plow and a private one. With a private plow, the liability gets more confusing. If private operators do a substandard job that results in injury or property damage, such as striking vehicles, creating dangerous drifts, or not salting the ice, the snow plow company can be responsible.

How can you as a driver or pedestrian keep yourself safe? And what happens if a snowplow is at fault for an accident?

Safety Tips:

1. Realize that snow plow drivers may not be able to see you. If you hear or see them coming, get out of the way the best you can.
2. Don’t rely on protections such as a vehicle having to stop at a crosswalk for pedestrians. Never start to cross a street if you can hear or see a snow plow. Be patient.
3. When you’re crossing the street or walking close to the curb, be on high alert for snow plows and stay as far away as you can as soon when you realize they are in your area.
4. Try to stay indoors in the hours after a snow storm. You will avoid the danger of being struck by a snow plow or being injured as you try to avoid being hit.
5. If you have a family member or friend who can’t see, hear, or move well, make sure they have what they need and won’t have to go out shortly after a storm for necessities. Check on them after the storm to prevent them from needing to go outdoors.
6. Respect a snow plow as you would a semi or tractor trailer. They are large, heavy, dangerous vehicles that can’t stop as quickly as a passenger car. They provide a valuable service and it’s important to give them what they need to complete their job safely.

What Do You Do If You Are Injured As a Result of a Snow Plow?

1. Identify whether the snow plow was city, state, or private. The standard of negligence could vary.
2. Report the accident as required by law.
3. Take photos of the area where you or your property was struck or damaged.
4. Identify and take statements from any witnesses.
5. Go to the doctor or a hospital to have your injuries looked at and treated. Go to the ER if there is a serious injury.
6. Submit a claim to the city if it was a city plow. You must submit a claim for damage within 90 days. If you plan to hold the city responsible, this is a necessary first step and the deadline can’t be missed.
7. Strongly consider having an attorney assist with your claim to ensure you are properly protected.

Just remember that calling an attorney for an evaluation is always free. While negligence standards are high, the drivers of snowplows are human and can make dangerous mistakes. If you or someone you know is injured by a snow plow, feel free to give us a call.