Accidents happen and tragedies will occur. These are unfortunate facts of life, and they cannot always be blamed on the actions of another person or group. However, there are also times when the injuries sustained by an individual are the direct result of another party’s negligence. One example is when snowplow drivers fail to pay attention to their surroundings and wind up accidentally damaging personal property or even harming people. When a child is inadvertently buried by a snowplow, the family of the child may be able to sue for damages, depending on the circumstances.
Start with an Investigation
The first step is to take a closer look at the incident and develop a better understanding of what happened. If the snow plow driver could not see children who were playing on the far side of a mound, then a jury may not agree that the driver is responsible for the injuries. If the investigation shows that the driver had a clear line of vision to see the child in question, then the courts may agree that the individual should be held responsible for the accident.
Consider the Extenuating Circumstances
Something that investigators will look at is whether there were any extenuating circumstances. If the weather was clear at the time of the accident, then it is easier to establish that the driver should have been able to see the child and avoid the accident. However, poor visibility may contribute to accidents and can make it more difficult to establish fault.
Responsibilities of Snow Plow Drivers
Commercial drivers are bound by the local driving laws and regulations, and commercial workers are held to even higher standards. The snowplow drivers in any area are charged with clearing the roadways in a safe manner. They are expected to pay attention to detail in order to avoid hitting parked cars, mailboxes, fences and children. If it can be established that a driver should have seen a child or should have expected a child to be in a certain area, then it is possible to sue the driver or the employing company for damages.
Whether a plow driver can be sued for injuries depends on all the factors of a case. An attorney can help you review the information to determine what your options are. Once you have a better understanding of the law and your rights, you can make more informed decisions regarding your future and your child’s injuries.