In the state of New York, determining fault in an accident involving a snowplow can be a complex process. When a collision occurs between a snowplow and another vehicle or a pedestrian, it is important to establish whether the snowplow driver was operating the vehicle safely and in accordance with traffic laws. Additionally, the condition of the road and weather at the time of the accident may also be taken into consideration.



In New York State, the concept of comparative negligence is used to determine fault in accidents. This means that each party involved in the accident may be assigned a percentage of fault based on their actions leading up to the collision. However, it is important to note that government agencies responsible for snow removal, including the operation of snowplows, may be afforded certain protections and limited liability under the law.

Snowplow Drivers Are Exempt from Most Traffic Laws

In New York, snowplow drivers are provided immunity from most negligence lawsuits that may arise from accidents involving motorists and pedestrians. According to the state law, snowplow drivers are exempt from certain traffic laws while performing their duties, including plowing, salting, and sanding the roads during snow and ice conditions. This immunity is intended to protect snowplow operators from being held liable for accidents that may occur as a result of their necessary efforts to maintain safe road conditions during winter weather.

However, it's important to note that this immunity is not absolute and does not cover situations where the snowplow driver's actions are deemed reckless, intentionally harmful, or in violation of specific laws and regulations. In these cases, they can still be held accountable for any injuries or damages caused.

Recklessness is the Standard that Must be Met

In the realm of injury law, there is a distinct difference between negligence and recklessness. Negligence refers to a failure to take proper care or to act in a way that a reasonable person would in the same situation. Recklessness, on the other hand, goes a step further and involves a conscious disregard for the safety of others.

In the case of automobile and pedestrian accidents involving snowplow operators, any legal pursuits against the driver in New York must aim to prove recklessness on the part of the operator. This means showing that the driver knew or should have known that their actions would likely result in harm to others, yet they proceeded with their actions regardless. Proving recklessness can be a higher standard to meet, as it involves demonstrating the driver's state of mind at the time of the incident.

I Got Hit by a Snowplow, What Now?

If you are in a car and involved in an accident with a snowplow, the first thing to do is to check for any injuries and seek medical attention if needed. Then, move your vehicle to a safe location if possible and exchange information with the snowplow driver if possible. Take photos of the accident scene, including damage to both vehicles and any road conditions that may have contributed to the accident. It is important to report the accident to the police and obtain a copy of the accident report.

If you are a pedestrian and involved in an accident with a snowplow, seek immediate medical attention for any injuries. If you are able, gather information from the snowplow driver and any witnesses to the accident. Take photos of the accident scene and any injuries you may have sustained. Report the accident to the police and obtain a copy of the accident report.

Regardless of the specific circumstances, it is important to contact a personal injury attorney as soon as possible to discuss your legal rights and options. An experienced attorney can help protect your interests and pursue any potential claims for compensation.

What Do You Do If You Are Injured As a Result of a Snow Plow?

If you are injured as a result of a snowplow, there are several important pieces of information and evidence that you should bring to a personal injury lawyer for review. First and foremost, you should provide details of the accident, including the date, time, and location, as well as any eyewitness accounts or photographs of the scene. It is also crucial to obtain the name of the snowplow operator and their employer, as well as any relevant insurance information.

Additionally, medical records and documentation of your injuries and treatment will be necessary for the lawyer to assess the extent of your damages. Any correspondence with the responsible party or their insurance company should also be brought to the lawyer's attention.

In the event of a snowplow accident, it is important to act quickly and gather as much information as possible to support your claim. Your injury attorney can help directly with these efforts.

Can I sue if my Car was damaged by a Snow Plow?

In New York State, if your vehicle has been damaged by a snowplow, you may be able to claim damages. Snowplow drivers have a duty to operate their vehicles safely and with due care, just like any other driver on the road. If a snowplow driver is found to be negligent in causing damage to your vehicle, you may be able to pursue a claim for the cost of repairs or replacement of your vehicle.

Call us at Langella & Langella for More Information

In the event of an accident involving a snowplow, it is crucial for all parties involved to seek legal guidance to determine their rights and options for seeking compensation. If you have been injured in an accident involving a snow removal device, it's important to consult with an experienced personal injury attorney to understand your legal rights and options for pursuing a claim.