In Buffalo, snow plows are essential for clearing the roads during heavy snowfall, but they can also contribute to hazardous conditions. When an accident happens involving a snow plow, determining who is responsible can be complex. Andrews, Bernstein & Maranto, PLLC, can guide you through this intricate process. This piece explores the factors at play when snow plows cause accidents and what legal steps you should take to ensure your rights are protected.
Who is Responsible for Snow Plow Accidents? 
Snow plows play a crucial role in maintaining the safety of Buffalo’s roads during the winter months. However, when accidents happen as a result of snow plow operations, determining who is liable can be complicated. Understanding responsibility is key to pursuing compensation for damages. In these situations, several parties could be considered at fault, depending on the specifics of the accident.
- Municipalities and Government Entities: Often, the responsibility falls on local government entities such as the city of Buffalo or Erie County, which are tasked with road maintenance and snow removal. Municipalities are expected to ensure that snow plows are operated safely and efficiently. If they fail in this duty, such as by not properly maintaining their snow plows or by allowing hazardous conditions to persist, they may be held liable.
- Private Contractors: In some cases, municipalities outsource snow plowing to private contractors. If the snow plow involved in the accident was operated by one of these contractors, they may be liable for negligence. Contractors are expected to follow the same safety standards as government employees, and failure to do so can lead to accidents.
- Snow Plow Operators: The person operating the snow plow could be directly responsible if they acted negligently. For example, if the operator was speeding, distracted, or failing to follow safe snow removal procedures, they could be held accountable for any resulting accidents. The operator’s actions can be a key factor in determining responsibility.
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Factors That Influence Responsibility in Snow Plow Accidents
When a snow plow causes an accident, several factors must be considered to determine who is responsible. Understanding these factors is essential for anyone involved in such accidents.
- Negligence and Reckless Behavior: Was the snow plow operator acting negligently? Negligence can include a variety of actions, such as speeding, ignoring weather conditions, or failing to use proper snow removal techniques. If the snow plow was operated recklessly, this could shift the blame toward the operator or the municipality that employed them.
- Road Conditions and Maintenance: Road conditions also play a major role in these accidents. If the roads were not adequately cleared or if snow and ice were allowed to build up, the responsible party may be found liable for failing to maintain safe road conditions. In Buffalo, snow and ice are common during the winter months, and municipalities are expected to address these conditions promptly.
- Weather Conditions: Buffalo is known for heavy snowfalls and freezing temperatures, which contribute to dangerous driving conditions. However, government agencies and contractors must still ensure that snow removal procedures are in place to prevent accidents. If a snow plow was used improperly during hazardous conditions, the party in charge may be held accountable.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.” - Jane D.
What Should You Do After a Snow Plow Accident?
If you’ve been involved in an accident caused by a snow plow, it’s essential to take immediate action. The process of seeking compensation can be complex, especially when government entities are involved. Here are the steps you should take:
- Collect Evidence: Document everything at the scene of the accident. Take photographs of the snow plow, road conditions, and any damage to your vehicle. If possible, get the names and contact details of any witnesses. This evidence will be crucial for proving liability.
- File a Report: Make sure to file a police report as soon as possible. This creates an official record of the accident and is often required when pursuing a claim. If the snow plow was operated by a government entity, the report can also be used to initiate a claim against the municipality.
- Seek Medical Attention: Even if your injuries seem minor, it’s important to seek medical attention right away. Some injuries, such as whiplash or concussions, may not show immediate symptoms. A medical evaluation creates a record that will help support your injury claim.
- Consult with an Attorney: The legal complexities involved in snow plow accidents can be overwhelming. Municipalities often have specific procedures for filing claims, and time limits may apply. A skilled personal injury attorney, such as those at Andrews, Bernstein & Maranto, PLLC, can guide you through this process and ensure that your rights are protected.
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Challenges in Pursuing Compensation for Snow Plow Accidents
While you may be entitled to compensation if a snow plow causes an accident, pursuing a claim can be challenging. One of the primary obstacles is dealing with government entities, which have specific laws and regulations that govern how claims are handled. For example, the time frame for filing claims against a government entity can be much shorter than for private companies.
Additionally, municipalities and contractors often have legal teams dedicated to defending against claims. These entities will work hard to prove that they were not negligent or that weather conditions were simply too severe to prevent the accident. This makes it even more important to have a knowledgeable attorney on your side.
Types of Compensation You Can Pursue
Victims of snow plow accidents in Buffalo may be entitled to various forms of compensation, depending on the circumstances. Common types of compensation include:
- Medical Expenses: If you were injured in the accident, you can seek compensation for medical bills, including hospital stays, doctor visits, surgeries, rehabilitation, and prescription medications.
- Property Damage: If your vehicle was damaged in the crash, you can pursue compensation to cover the cost of repairs or replacement.
- Lost Wages: If your injuries prevent you from working, you may be entitled to compensation for lost income. In some cases, this could also include future lost earnings if the injury has long-term effects on your ability to work.
- Pain and Suffering: In addition to economic damages, you may be entitled to compensation for the physical and emotional pain you experienced as a result of the accident. This can be challenging to quantify but is an important part of a comprehensive injury claim.
- Punitive Damages: If the snow plow operator or municipality acted with gross negligence or recklessness, punitive damages may be awarded. These are designed to punish the responsible party and deter future misconduct.
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Why Choose Andrews, Bernstein & Maranto, PLLC?
At Andrews, Bernstein & Maranto, PLLC, we have extensive experience handling personal injury cases, including those involving government entities and municipal liability. We understand the complexities of pursuing a claim against a government agency and are prepared to fight for your rights.
Our team is dedicated to helping accident victims recover the compensation they deserve, whether that involves negotiating with insurance companies or pursuing legal action in court. If you’ve been injured in a snow plow accident in Buffalo, contact us for a free consultation to discuss your case.
If you or a loved one has been involved in a snow plow accident, don’t wait to seek legal help. The sooner you contact us, the sooner we can begin investigating your case and gathering the evidence needed to support your claim. Reach out to Andrews, Bernstein & Maranto, PLLC today and let us help you get the compensation you deserve.