Snowplows keep the streets clear from snowy conditions and are essential services that keep the roads usable. However, like other big trucks, snowplows are large vehicles surrounded by blind spots.
If you or a loved one has been injured in a snowplow accident in Portland, you may be entitled to compensation. Special rules could apply to claims against municipalities that run the snowplows.
A seasoned car collision attorney from Gideon Asen, LLC, can review your claim, advise you of filing deadlines, and help you with insurance negotiations or a lawsuit. Call our legal team today to discover how you may be eligible for a damage award.
Avoiding Snowplow Accidents
Driving around snowplows is challenging. They are large, slow-moving vehicles often operated in conditions with poor visibility. They are also oversized, and their plows can be larger than a single traffic lane.
Snowplows are difficult to maneuver and may need to make sudden stops or turns to complete their job. Drivers should maintain a reasonable following distance behind them to avoid rear-end collisions. Like other large trucks, snowplow operators cannot see several vehicle lengths behind them, meaning they cannot spot a driver traveling too close.
Since snowplows move slowly, it can be tempting to pass them. However, road conditions behind them are generally much better than those in front of the plower. In addition, drivers must know the potential risk of plow lines or several plows in succession. It is exceptionally hazardous to get between two plows in a plow line.
While following the above safety tips can help drivers reduce their chances of snowplow crashes, they cannot entirely eliminate the risk. A Portland attorney can help a client injured in a snowplow wreck file a claim or lawsuit.
The Role of Negligence in Snowplow Collisions
Operating a snowplow is riskier than driving most other types of large vehicles. In addition to maneuvering a heavy truck, the snowplow driver often works in bad weather conditions. They also often respond to work at unusual times, increasing the risk of being tired or distracted while performing their jobs.
Drivers should have specialized training working with plows, not just driving big trucks. That training can help them determine when to dump plowed snow, how to make turns safely, and how to watch for surrounding traffic.
Snowplows also operate on unsanded and unsalted roads, which increases the chances of slipping and sliding. The city can only sand or salt the roads once the snow is removed, so the snowplow operators are at a high risk of losing control of their vehicles.
Liability for Snowplow Accidents
The Maine Tort Claims Act (Act), Maine Revised Statutes Annotated Title 14 § 741, limits tort liability for municipalities in the state. Previously, under sovereign immunity rules, people could not bring most personal injury lawsuits against a municipality.
The Act still provides limited immunity for municipalities and caps damage awards at $400,000. A city can waive immunity by purchasing insurance that provides coverage for more than $400,000 per incident.
To be liable, an injured party must prove the city’s negligence. Several types of potential negligence are related to snow plow wrecks, including:
- Poor maintenance of snowplows, graders, or dump trucks
- Reckless acts or omissions by city employees or contractors
- Careless construction
- Poor or missing signage, although a sign destroyed by a storm is not negligent
In addition to governmental responsibility, there may be personal liability on behalf of the snowplow operator. A Portland lawyer can explain laws pertaining to snowplow collisions in more detail during an initial consultation.
Talk to a Portland Attorney About Snowplow Accidents Today
Being a snowplow operator is a difficult job with inherent risks. The working conditions are challenging, drivers may have long shifts with little notice, and the weather can worsen while on the job.
If you are injured in a snowplow accident in Portland, you may be entitled to compensation. Schedule a consultation with Gideon Asen, LLC as soon as possible to understand your potential remedies and any filing deadlines.
