Winter brings treacherous driving conditions in Kentucky and particularly the Louisville and Lexington metro areas. Snowplows hit the streets trying to make roads passable, but sometimes snowplow accidents happen.
Types of Snowplow Injuries and Damages
A snowplow can cause significant damage to a vehicle either when it’s parked on the side of the road or traveling on the roads that are being plowed. Statistically, snowplow accidents are rare, but they do more damage than a typical collision.
Cars traveling on the same road as a plow typically can’t negotiate the snow and ice the same way a plow can, and this puts the vehicle driver and occupants at risk. Also, plows sometimes bury cars with occupants still in the vehicle.
Liability in Snow Plow Accidents
Determining fault in a snowplow accident is similar to any accident. The driver who was negligent is going to be responsible for the damages and injuries caused by the person’s actions. The law looks at the reasonableness of the drivers when operating their car.
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
Snowplows in Kentucky are typically owned and operated by the state, however, sometimes private parties will contract with the state to clear roads. In either case, if the driver of the plow is negligent, 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 on the amount that the state will pay, and there is a filing deadline to be met. 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.