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What You Need to Know if you Hit a Snow Bank

Personal Injury Claim, Car Hit Snow Bank

If you were injured in your vehicle during snowy or icy conditions because your car hit a snow bank, the owner of the parking lot or the municipality in charge of maintaining the street may be responsible for your injuries.

You can consider filing a personal injury claim for compensation that can help you cover the costs of your medical bills, missed wages, and pain and suffering.

First, you need to determine who may be liable for the incident.

Determining Liability

snow bank personal injury

There are a few different parties that may be liable for your injuries due to crashing into a snow bank. For instance, if you are driving in a parking lot of a store and the lot hasn’t been properly maintained and you crash, the owner of the property or the tenant business leasing the property could be liable.

If you are driving on a government owned street, the state, county, or municipality in which the accident took place could also be liable. A municipality holds some responsibility for keeping roads safe to drive in dangerous weather conditions, such as regularly plowing and salting roads.

Filing a personal injury claim against the government can be complicated, as there are rules in place to ensure that they are often immune to liability. Therefore, filing a claim in this instance may require legal assistance and a variety of administrative work.

As the driver, you could also be liable for your injuries in terms of hitting a snow bank in snowy or icy conditions. For instance, if you were driving during a declared snow emergency or driving ban, you were negligent by ignoring the weather advisory and risking your own safety.

All drivers are also expected to act with reasonable care when it comes to driving in snowy or icy conditions. This involves driving as carefully as possible during bad weather.

Natural Accumulation

Depending on the area of the country, the weather patterns obviously differ greatly. A foot of accumulated snow can be expected for a January in New Hampshire, yet would be a case for the National Guard in, say, Georgia or Louisiana.

Some states follow a natural accumulation law that rules property owners or governments aren’t liable for injuries sustained as a result of snow and ice, because living in that state requires its inhabitants to be used to that weather to some degree.

You can expect a law of this type in states with harsher winters, such as New England and northern areas. Some states have recently been repealing these laws, however, under the argument that people in these states will go out in any type of weather, so property owners and the government need to make accommodations to businesses and roads for safe travel.

Hire a Personal Injury Lawyer

If you do plan to file a personal injury claim for an accident involving a snow bank and snowy, icy roads, you should consider hiring a lawyer to help you navigate the claims process.

A lawyer can help you gather necessary evidence and ensure that you receive a proper settlement.