Maryland Trucking Accident Lawyer Blog
Snow plow accidents, like the recent fatal collision in Perth East, highlight the unique dangers associated with winter road maintenance vehicles. In this case, a 33-year-old driver tragically lost their life after a plow truck collided with their passenger vehicle. While investigating this specific accident continues, snow plow incidents often raise challenginglegal questions about liability and fault. These cases are distinct from typical vehicle collisions due to the roles and responsibilities of snow plow operators and the challenging conditions in which they operate.
The Dangers of Snow Plow Accidents
Snow plows are essential in maintaining road safety during winter, but their operation carries inherent risks. These large, heavy vehicles often operate during severe weather conditions, reducing visibility and increasing the likelihood of collisions. Additionally, snow plows frequently maneuver in ways that may be unexpected to other drivers, such as reversing, crossing lanes, or spreading materials like salt or sand. The size and weight of a plow truck can significantly increase the severity of an accident, particularly when passenger vehicles are involved.
Who May Be Liable in a Maryland Snow Plow Accident?
Determining liability in snow plow accidents depends on the circumstances of the collision and the parties involved. In some cases, the snow plow driver may be held responsible if their negligence contributed to the accident. This could include driving recklessly, failing to signal movements, or not adhering to proper safety protocols.
However, liability may also extend to the snow plow operator’s employer. If the plow is operated by a government agency, such as a city or county, claims may need to be filed against the municipality, which often involves additional legal hurdles due to government immunity laws. Private contractors hired to clear roads may also bear responsibility if their drivers acted negligently or if the company failed to provide adequate training or maintenance for their vehicles.
In some cases, the other driver involved in the accident may share liability. For example, if they failed to adjust their driving to winter road conditions or were distracted at the time of the collision, their actions could contribute to the incident. Understanding the roles and responsibilities of each party is crucial for determining liability.
Challenges in Establishing Fault
Establishing fault in snow plow accidents often involves a thorough investigation of the crash. Weather conditions, road maintenance practices, and the actions of all drivers must be closely examined. The nature of snow plow operations, including their exemption from specific traffic laws while performing their duties, can complicate matters. For instance, plows may legally cross the centerline or obstruct traffic temporarily while clearing snow, which can lead to disputes about whether their actions were reasonable under the circumstances.
Physical evidence from the crash site, such as vehicle damage, skid marks, and debris, often plays a key role in determining fault. Additionally, if available, witness statements and surveillance footage can help clarify how the accident occurred. Expert testimony may also be necessary to assess whether the snow plow driver adhered to professional standards and whether the road conditions contributed to the collision.
Legal Issues in Snow Plow Accident Cases
Snow plow accidents often involve unique legal considerations, particularly when government entities are involved. Claims against municipalities or public agencies may require compliance with strict procedural rules, such as providing notice of intent to sue within a limited timeframe. Additionally, government immunity laws may protect specific actions taken by public employees, further complicating efforts to recover damages.
Insurance coverage is another common issue in snow plow accident cases. Public agencies and private contractors typically carry liability insurance for their operations, but disputes may arise over whether the policy covers the specific actions leading to the accident. Meanwhile, drivers of passenger vehicles may also need to rely on their own insurance policies if the at-fault party is immune from liability or if the collision involves shared fault.
Compensation for Snow Plow Accident Victims
Victims of snow plow accidents and their families may be entitled to compensation for a wide range of damages. These include medical expenses, lost income, property damage, and non-economic losses such as pain and suffering or emotional distress. In cases involving fatal collisions, surviving family members may pursue wrongful death claims to recover damages for funeral expenses, loss of companionship, and other related losses. Successfully obtaining compensation often requires demonstrating the at-fault party’s negligence and proving the extent of the damages suffered.
Contact the Dedicated Maryland Injury Lawyers at Lebowitz & Mzhen to Learn More
If you or a loved one was recently injured due to another’s negligence, it’s important you take a few minutes to learn about your rights and what you can do to hold the at-fault party accountable. At Lebowitz & Mzhen, we have decades of combined experience handling all types of personal injury, wrongful death, and medical malpractice lawsuits on behalf of clients throughout Maryland and Washington, D.C. To learn more and to schedule a free consultation today, give us a call at 800-654-1949. You can also connect with us through our secure online contact form.