Colorado winters bring snowstorms and icy roads, making snowplows essential for keeping highways and streets safe. However, the presence of snowplows also introduces unique risks for drivers, pedestrians, and even property owners. Snowplow accidents can result in significant damage and injuries, and determining liability in these cases can be complex. In the following blog, we will outline what you need to know about how snowplow accidents are handled under Colorado law.
Understanding Snowplow Accidents
Snowplow accidents can occur for a variety of reasons, including:
- Reduced visibility: Heavy snow and the large size of snowplows can create blind spots for both the plow operator and other drivers.
- Icy or snowy conditions: Slippery roads increase the likelihood of collisions or loss of control.
- Equipment malfunction: Faulty snowplow equipment, such as malfunctioning blades or brakes, can contribute to accidents.
- Operator negligence: Snowplow operators who are inexperienced or fail to adhere to safety protocols can pose risks, whether through reckless driving or careless actions.
These accidents often involve collisions with passenger vehicles, pedestrians, cyclists, or damage to private property like fences or mailboxes.
Liability in Snowplow Accidents
Determining who is at fault in a snowplow accident depends on several factors, including whether a government entity or a private company operated the snowplow.
Government-Operated Snowplows
Most snowplows in Colorado are operated by government agencies, such as the Colorado Department of Transportation (CDOT) or local municipalities.
- Sovereign immunity: Under Colorado’s Governmental Immunity Act, government entities are typically protected from lawsuits, but exceptions exist. For example, if a snowplow operator was driving recklessly or outside the scope of their duties, the government may be held liable.
- Reckless behavior standard: Unlike ordinary negligence, government operators are only liable if they acted recklessly, meaning their actions showed a disregard for the safety of others.
Privately Operated Snowplows
Snow removal services contracted by businesses, HOAs, or private property owners may be held to a standard of ordinary negligence.
- Negligence claims: If a private snowplow operator failed to exercise reasonable care, such as plowing recklessly or leaving dangerous piles of snow in roadways, they could be held liable for resulting damages.
- Employer liability: In some cases, the company employing the operator may share liability for inadequate training or poor maintenance of the snowplow.
Common Legal Challenges in Snowplow Accident Cases
Snowplow accidents often involve unique legal hurdles:
- Establishing fault: It can be challenging to prove negligence or recklessness, especially in poor weather conditions where accidents are more likely to occur.
- Limited visibility: Snowstorms often reduce visibility, making it harder to determine what happened during the accident.
- Government immunity laws: Special rules for government-operated snowplows can complicate claims against public entities.
Having an experienced personal injury attorney on your side is essential to navigating these complexities.
What to Do After a Snowplow Accident
If you’re involved in an accident with a snowplow, take these steps to protect your rights:
- Prioritize safety: If possible, move to a safe location and check for injuries. Call 911 if anyone is hurt.
- Document the scene: Take photos of the accident, including damage to vehicles or property, road conditions, and the snowplow involved.
- Collect information: Get the name and contact information of the snowplow operator, their employer (government agency or private company), and any witnesses.
- File a report: If the snowplow is publicly operated, report the accident to local law enforcement or the appropriate government agency.
- Contact an attorney: Snowplow accident claims can be legally complex. An experienced personal injury lawyer can help you understand your rights and pursue compensation.
Compensation for Snowplow Accident Injuries
If you’ve been injured in a snowplow accident, you may be entitled to compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
In cases involving reckless conduct, punitive damages may also be available.
Why You Need an Experienced Personal Injury Attorney
Snowplow accident claims involve unique legal issues, including government immunity, complex liability questions, and the challenges of proving negligence or recklessness. At Veritas Injury Lawyers, we have experience handling personal injury cases in Colorado, including accidents involving snowplows. Our team will investigate your case, gather evidence, and fight to ensure you receive the compensation you deserve. Whether the accident involved a government or private snowplow, we’ll help you confidently navigate the legal system. Snowplows are essential for winter safety, but accidents can and do happen. If you’ve been injured in a snowplow accident in Colorado, don’t wait to seek legal help.
Contact Veritas Injury Lawyers online today or call (970) 292-7171 to schedule a consultation.
