NYS DOT Plows Not Responsible For Hitting Vehicles?
A Schenectady man was caught completely off guard this month when he was informed that the state wouldn’t be paying to fix his car after a DOT snow plow hit him and caused damage. The reason is a little-known law in New York, which makes plow drivers immune from legal responsibility in such auto accidents.
Frank Palumbo was driving his 1993 Ford Taurus after a snow storm. He saw the DOT plow clearing the road on the right and decided to safely pass the plow on the left. But, as he passed the plow, the truck crossed the center lane, hitting Palumbo’s Taurus. Though Palumbo stopped his vehicle, as you should when involved in an auto accident, the plow driver kept going, not realizing that he had just hit the Taurus.
Palumbo called 911 at the scene, and the responding officer determined the DOT plow was at fault in the accident.
As would anyone being involved in an auto accident where they weren’t at fault, Palumbo filed a claim with the State’s insurance department, expecting them to cut him a check to get his vehicle fixed. That didn’t happen. Instead, he was told that his claim was denied.
As stated by CBS6-Albany, “Section 1103 of NYS Vehicle and Traffic law states: ‘maintenance forces, while engaged in highway snow and ice control operations are exempt from the rules of the road.”
The only way Palumbo, or anyone else involved in a similar auto accident, could receive payment on a claim against the state would be to prove the crash was intentional or that the driver of the plow showed reckless disregard, something not likely to happen in Palumbo’s case or the vast majority of auto accident cases involving snow plows and state maintenance vehicles.
The laws of the road can be confusing, particularly when they seem to unfairly protect some drivers and not others. If Palumbo has full coverage insurance, he will have to file a claim on his own policy or pay out of pocket for the repair expenses. The only other option would be to hire an attorney who believes they can prove the accident was intentional.
Each auto accident case is unique and few if any other drivers on the road get the same protection from liability that we see here. Usually, you are held responsible for an accident that is your fault, regardless of intent.
