When winter storms hit the Louisville and Lexington metro areas, the snowplows hit the streets removing the snow and clearing paths so people can travel. When a plow is needed, it’s a sure bet that the road conditions are not favorable for driving so extra caution is needed. Unfortunately, accidents still happen despite people’s efforts to drive safely.
An example of this is an accident in Drakesboro, around 90 miles southwest of Louisville, between a snowplow and a pickup truck. On December 5th, 2018, the driver of a Ford Ranger lost control on the ice on a bridge that was being plowed by a KY DOT plow. The driver of the pickup was flown to St. Vincent’s Hospital in Evansville.
Liability in Snow Plow Accidents
Fault isn’t always easy to determine in any accident, and it can be even more tricky in the snow. Under Kentucky law, a person is negligent in an accident if their actions fell short of what a reasonably prudent person would do under the same or similar circumstances.
This makes the circumstances surrounding the accident extremely important, and when the ground is frozen and covered in snow, then it changes what a reasonable driver would do. The speed of the car and the actions of the driver when the car started to lose control are going to be scrutinized.
Also, the actions of the plow operator are also going to be analyzed. Was the plow going too fast? Did the driver lose control because of the position of the plow? All of these issues are going to be looked at when determining who was negligent.
Claims Against Kentucky DOT
If the fault was with the plow operator, then the injured person can make a claim against the Kentucky Department of Transportation. Kentucky law allows for certain suits against the DOT based on the negligence of a state employee or agent.
However, under this law, there are some limitations and restrictions that need to be addressed when making a claim. There is a damage cap and a statute of limitations that must be met along with other requirements. Failure to follow these requirements could result in the loss of one’s ability to get compensation from the state even if it was at fault in the accident.
Contact a Personal Injury Attorney Today
Accident victims often wonder if they need an attorney, and the answer is almost always yes. The insurance company agents have years of experience and are good at their job which is to pay you as little as possible or nothing at all. You need someone just as experienced to help you level the field.
Talk to a Louisville Personal Injury Attorney you can trust to be on your side and get you what is yours under the law.The attorneys at Kaufman & Stigger, PLLC, have that knowledge and a combined 100 years’ experience in helping clients get the results they deserve. To discuss your case, call Kaufman & Stigger, PLLC today, at (800) 937-8443 or click here to contact them online.