How Snowbanks Hide Liability After a Buffalo Car Accident

Snowbanks, which are a common sight in Buffalo during the winter, often obscure critical evidence following a car accident. These snowbanks can obscure intersections, road signs, and create hazards for both drivers and pedestrians. At Friedman & Ranzenhofer, PC, we understand how the winter conditions in Buffalo, especially snowbanks, can complicate a car accident case. It’s essential to understand how snowbanks impact liability, as they can hide key evidence that would otherwise determine fault. In this guide, we explore how snowbanks contribute to accidents, who is liable, and how you can protect your claim.

 

Robert Friedman

Michael Ranzenhofer

Justin Friedman

John Dracup

 

How Snowbanks Obscure Liability in Buffalo Car Accidents How Snowbanks Hide Liability After a Buffalo Car Accident

Buffalo’s long and harsh winters make it difficult to keep up with snow removal, resulting in snowbanks that can obscure crucial visual cues for drivers. These large mounds of snow often accumulate on street corners, in parking lots, and near intersections. The most significant risk is the way snowbanks can block drivers’ sightlines, preventing them from seeing pedestrians, traffic signals, and other vehicles until it’s too late.

During the winter months, these snowbanks can become hazards in a way that many people don’t realize. They not only obstruct visibility but can also increase the chances of collisions, as drivers navigate through areas where their field of vision is limited by large snow piles. When snowbanks block clear sightlines to stop signs, traffic lights, or other vehicles, they can significantly increase the risk of an accident.

Furthermore, snowbanks around the city are sometimes built up by plowing crews who may not be following the city’s guidelines for snow removal. As a result, intersections and street corners may become dangerous, and the responsibility for clearing those areas often comes into question after an accident. The lack of proper maintenance could shift liability from the individual drivers to property owners or municipalities that failed to take action.

Who Is Responsible for Snowbanks and Car Accidents?

When an accident occurs because of a snowbank obstructing visibility, it’s crucial to determine who is responsible for clearing the snow and maintaining road safety. Several parties can be held accountable depending on the location and conditions of the snowbank:

  1. Property Owners
    In Buffalo, the responsibility for clearing sidewalks and the surrounding area often falls on property owners, whether residential or commercial. If a snowbank near a property obstructs the view of the road or sidewalk, the property owner could be considered negligent if they fail to clear the area. They could be held liable for accidents that occur due to their failure to maintain safe conditions around their property.
  2. Municipalities and City Agencies
    For snowbanks that obstruct public roads, intersections, or other common areas, municipalities may be liable. The city of Buffalo has specific snow removal policies that dictate how and when snow should be cleared from public areas. If the municipality fails to follow these guidelines, it could be deemed responsible for the accidents caused by these snowbanks. However, proving liability in such cases can be complicated, requiring thorough evidence of negligence in snow removal.
  3. Contractors and Snow Removal Services
    In some cases, snow removal is contracted out to private companies. These companies are responsible for clearing certain roads or private properties. If the contractor fails to remove snow in a timely manner, leading to hazardous conditions, they could be held responsible for the resulting accidents. It is crucial to understand the contractual responsibilities of snow removal services when pursuing a claim related to a snowbank.

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How Snowbanks Contribute to Car Accidents

Snowbanks contribute to car accidents in several ways. First, they reduce the visibility of traffic signals, road signs, and pedestrians. For example, a large snowbank at an intersection can prevent drivers from seeing a red light or a stop sign until they are right in front of it. This delay in visibility can lead to running a red light or failing to stop at a stop sign, resulting in a collision.

In addition, snowbanks create narrower roadways. Snow accumulation from plowing crews can push snow into the lanes of traffic, leaving less space for vehicles to maneuver. Drivers may be forced to drive in a way that is less than safe to avoid the snowbank, such as swerving to avoid an obstruction or braking abruptly on icy roads.

Snowbanks also tend to accumulate around pedestrian crossings, leaving pedestrians with no choice but to walk in the road, further increasing the risk of pedestrian accidents. In Buffalo, snowbanks can cause pedestrians to cross streets in areas where they are not visible to drivers, contributing to accidents that involve walkers.

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Protecting Your Claim After an Accident Involving Snowbanks

If you’ve been involved in a car accident due to a snowbank, it’s important to take several steps to protect your personal injury claim. Documenting the scene, collecting evidence, and speaking with an experienced attorney are essential for ensuring that you receive the compensation you deserve.

  1. Gather Evidence
    Take photos of the snowbanks that obstructed your view or contributed to the accident. These photos will be essential in showing how the snowbank played a role in the collision. Make sure to capture the entire area around the accident, including traffic signs, signals, and street conditions. This documentation can be used to show how the snowbank created hazardous conditions.
  2. Collect Witness Statements
    Eyewitness testimony can be critical in proving liability. If there were any witnesses to the accident, ask them to provide statements about what they saw. Their observations about how the snowbank contributed to the accident can strengthen your case.
  3. Consult With an Attorney
    Accidents caused by snowbanks can be complicated to navigate, especially when multiple parties may be responsible for the hazardous conditions. A Buffalo car accident attorney can help determine who is liable and assist in gathering evidence. An attorney from Friedman & Ranzenhofer, PC can also help you file a claim with the city or private property owners if they were responsible for maintaining the area where the accident occurred.
  4. File a Claim
    If the snowbank was located in a public area, such as a street or intersection, you may be able to file a claim with the local government. Municipalities are responsible for clearing snow in public spaces, and if they fail to do so, they may be held liable for accidents. Be sure to report the snowbank to the proper authorities and document your communication with them.
  5. Check Your Insurance
    In cases where the liable party cannot be identified or is unable to pay for damages, you may need to rely on your own car insurance policy. Review your coverage to understand your options for pursuing compensation. If you have uninsured or underinsured motorist coverage, it may help cover your expenses in the event that the responsible party cannot be found.

Pedestrian Safety and Snowbanks

Pedestrians are also at risk when snowbanks obstruct their paths. Snowbanks that accumulate on sidewalks can force pedestrians into the road, increasing their chances of being involved in a collision. When walking in Buffalo during the winter, pedestrians should remain cautious near intersections and driveways where snowbanks may block their path.

Property owners are required by law to clear snow from sidewalks surrounding their property, ensuring that pedestrians can walk safely. If you are injured while walking due to a snowbank, you may be able to pursue a personal injury claim against the property owner or the municipality if the snowbank was not properly cleared.

Winter Driving Safety Tips

  • Slow Down: Always reduce your speed when driving in areas with heavy snow accumulation.
  • Clear Snow from Your Vehicle: Before driving, ensure that your car is free of snow and ice to avoid obstructed visibility.
  • Use Extra Caution in Intersections: Snowbanks around intersections are particularly dangerous, so approach them with caution.
  • Maintain Safe Following Distances: Keep a safe distance from other vehicles to allow for sudden stops in icy conditions.
  • Be Aware of Pedestrians: Snowbanks can force pedestrians into the road, so stay vigilant for people walking.

Snowbanks in Buffalo create hazardous driving conditions that can lead to accidents and complicated liability cases. Understanding who is responsible for clearing snow and maintaining safe conditions around roads and sidewalks is crucial after a winter accident. If you’ve been injured or involved in an accident due to snowbanks, contact an experienced personal injury lawyer from Friedman & Ranzenhofer, PC. Our team is ready to help you navigate your claim and ensure that you receive the compensation you deserve.

To learn more about this subject click here: Differences Between a Pedestrian Accident And Car Accident Case