During wintry weather days snow builds up and forms snowbanks which often block roads and parking lots. Most drivers expect these sorts of places to be cleared of snowbanks when they get to drive in the morning. It is the responsibility of the city council, a business, or even an individual if the snowbank has built up by a property in an area the public should be able to move through safely.
If your car slid on an icy road and hit a snowbank causing you to be injured it may not be your fault. It depends who has the responsibility for keeping that area clear of snow and making it safe to use. You may be able to file a PI claim against the person or entity who failed to clear the snowbank.
How to Prove You’re Not at Fault for a Snowbank Accident
If you hit a snowbank when driving on a government owned road, the entity responsible for keeping the roads safe to use in extreme weather conditions may be held responsible for your injuries as it is supposed to plow and salt roads so that they are safe to use. You have to be able to prove that due care of the road did not take place so you had an accident.
Sometimes, proving negligence is not easy as drivers are expected to take some responsibility to ensure they are safe when snowbanks are present. From time to time there are driving bans in force when there is a lot of snow falling. If you are out driving during one of these periods and you have an accident it is you that is negligent. A government entity could be considered negligent if it failed to warn drivers of the snowbank and did little about removing it. If you can prove negligence you may have the grounds to win a PI claim.
Evidence to Help Win a PI Claim for a Snowbank Accident
If you have sufficient evidence proving your accident was caused by negligence you may win a successful PI claim. You can provide some evidence to back up your claim such as:
- photos taken at the accident scene showing the snowbank should have been cleared;
- a police report indicating that the accident would not have happened if the snowbank had been cleared or a notice should have been erected warning drivers of the hazard;
- eye witness reports showing the driver could not have known about the existence of the snowbank.
How A Lawyer Can Help Win a Snowbank Accident Claim
If the entity at fault was the government it is hard to win a PI claim so it is important to hire a PI lawyer who will investigate ways a PI claim can be won. Even if the area with the snowbank hazard should have been kept safe by a business or individual it is still important to talk to a PI lawyer who will ensure the right person takes responsibility for the accident.
