Are you liable for the snow blowing off your car?

[CN Spots]

During my drive to work today I noticed lots of cars and trucks, mine included, had lots of snow still on them. Most of it was falling off in little pieces but every now and then I'd see a car hood sized slab go flying and there were boulder-sized chunks of ice from tractor-trailers all along the roadside. I started wondering if one of those went through somebody's windshield is the person whose car it fell off of responsible or is it considered weather related or what?

 

[blouderback]

Re: Are you liable for the snow blowing off your car?

Yes, of course you are liable for that.

 

[Wildcatin]

Re: Are you liable for the snow blowing off your car?

I know in the state of Kentucky the owner of the car that loses the snow or ice is at fault.

 

[drewmitch44]

Re: Are you liable for the snow blowing off your car?

In delaware you can be fined if you fail to clear snow off your car. For that verry reason. If a cop sees your roof with like 6" of snow on top and you are driving he can pull you over and ticket you. Its a hazard and i know its rare that the snow off your car will hurt someone or cause a accident but it happens and thats why your liable.

 

[Navy Jr.]

Re: Are you liable for the snow blowing off your car?

Yes, of course you are liable for that.

Maybe it depends on the state. In Minnesota you are not liable. At least not yet.

Case in point was an incident last January where ice from the top of a trailer being towed by a pickup went through the windshield of an oncoming vehicle. It caused the airbag to be activated which caused the driver to lose control and hit a utility pole. He died two weeks later having never regain consciousness.

The law here currently says you can't throw or dump snow or ice onto any roadways (such as when you are shoveling out your driveway), but it doesn't specifically address what happens to snow that has accumulated on vehicles. The state patrol said such accidents as above are quite rare.

After the tragic incident last January, perhaps the MN legislature might take up a bill to remedy this situation. I imagine it would mean truck drivers would somehow have to clean the snow and ice off of the tops of their rigs, so there will most likely be some serious opposition to the measure.

 

[angus63]

Re: Are you liable for the snow blowing off your car?

Your Honor, it is my contention that Mother Nature is liable for damages by deliberately depositing the debris on my vehicle without my consent. The Chrysler Corp. also stipulates their share of the blame for designing a vehicle which hosts said debris without containment. The defense rests....

 

[Bob_VT]

Re: Are you liable for the snow blowing off your car?

I had a friend that lost his windshield and drivers side mirror to a chunk of snow/ice from a tractor trailer...... his insurance company told him it was an act of God. His insurance had to cover it.

 

[Limited-Time]

Re: Are you liable for the snow blowing off your car?

No but any one following close enough to be hampered, injured or sustain any damage is guilty of un-assured clear distance (following to close).

 

[mphy98]

Re: Are you liable for the snow blowing off your car?

In Wisconsin you are liable, but also if you have not scraped your windows you can get a ticket as well. No more than 6 square inches of window may be obscured at any time.

 

[airframer]

Re: Are you liable for the snow blowing off your car?

if your following another vehicle close enough for ice to hit yours when there's snow on the ground i think you should be liable for putting their life in danger

 

[drewmitch44]

Re: Are you liable for the snow blowing off your car?

you guys that are saying that if this happens to you that you are following too closly, do you realize that a sheet of ice can catch the wind and fly a lot farther than the recomended following footage. If you are going 45 MPH than a piece of ice can travel the equivelent of 75 yards if you factor in the car that is behind you traveling at 45 MPH. So you are saying that you have to travel 3/4 of a football field or else its your fault. When all the guy that was driving the car with the ice had to do is brush the loose snow off the top of his car? What happens is when the cab of your car gets warm it causes the loose snow to freeze on the bottom they you drive and it re-freezes and and makes a hard sheet on your roof. When you get some speed then the ice flys off and goes through someone's windshield leaving you responsible for you negligence! All cause you could not take 15 sec and clear off your roof. I think you should be held responsible for such negligence. Rest my case!

 

[joed]

Re: Are you liable for the snow blowing off your car?

if your following another vehicle close enough for ice to hit yours when there's snow on the ground i think you should be liable for putting their life in danger

You don't have to be following that close to be hit by a chunk from a transport roof. Also you could be in the oncoming lane and get hit.

 

[mthieme]

Re: Are you liable for the snow blowing off your car?

In Maryland you are liable.

 

[Limited-Time]

Re: Are you liable for the snow blowing off your car?

you guys that are saying that if this happens to you that you are following too closly, do you realize that a sheet of ice can catch the wind and fly a lot farther than the recomended following footage. If you are going 45 MPH than a piece of ice can travel the equivelent of 75 yards if you factor in the car that is behind you traveling at 45 MPH. So you are saying that you have to travel 3/4 of a football field or else its your fault. When all the guy that was driving the car with the ice had to do is brush the loose snow off the top of his car? What happens is when the cab of your car gets warm it causes the loose snow to freeze on the bottom they you drive and it re-freezes and and makes a hard sheet on your roof. When you get some speed then the ice flys off and goes through someone's windshield leaving you responsible for you negligence! All cause you could not take 15 sec and clear off your roof. I think you should be held responsible for such negligence. Rest my case!

Call it what you want. If your are following closely enough as to NOT have sufficient time to react to a hazard, you are at fault.

 

[jay_merrill]

Re: Are you liable for the snow blowing off your car?

Why even worry about it? We know that snow will blow off of our cars, and possibly create a hazard for someone else, if we leave it there. Whether there is legal liability or not shouldn't even be a part of the process - just clean it off!

 

[CN Spots]

Re: Are you liable for the snow blowing off your car?

Navy Jr. brought up a good point. What if it builds up on a transport in motion or while stopped in traffic? To my knowledge there is no way for them to inspect the top of a trailer for ice/snow build-up. The chunks under the fenders maybe... but I've seen them pulling out of the weigh stations with their rigs covered in ice. Should the DOT officers not have made them clean that off? This was in MS so it may not be that big an issue down here. Yet.

 

[fire831]

Re: Are you liable for the snow blowing off your car?

Why even worry about it? We know that snow will blow off of our cars, and possibly create a hazard for someone else, if we leave it there. Whether there is legal liability or not shouldn't even be a part of the process - just clean it off!

My exact thought. If it's not on there, you don't have to worry about it.

 

[flingus]

Re: Are you liable for the snow blowing off your car?

Tell ya what.. Snowed here in Georgia yesterday and NO ONE had cleaned off their cars or trucks. Ice was flying everywhere on my way to work. The hard part was, passing a tractor trailer that was towing a piece of equipment that had ice and snow all over it. Crap was flying off it like crazy. I took a chance and passed them but, would have been nice if they would have took the time to worry about what kind of havok they were causing. Doesn't snow often here though.. I was surprised that the news stations actually warned drivers to clean off their cars though. Go fox news! I think Georgia goes the way of, "Act of Purdue/God" though.

 

[npd4432]

Re: Are you liable for the snow blowing off your car?

Here is the law in PA
? 3720. Snow and ice dislodged or falling from moving vehicle.
When snow or ice is dislodged or falls from a moving vehicle and strikes another vehicle or
pedestrian causing death or serious bodily injury as defined in section 3742 (relating to accidents
involving death or personal injury), the operator of the vehicle from which the snow or ice is
dislodged or falls shall be subject to a fine of not less than $200 nor more than $1,000 for each
offense.
(May 11, 2006, P.L.159, No.37, eff. 60 days)

 

[SS MAYFLOAT]

Re: Are you liable for the snow blowing off your car?

Then why is it if a dump truck is hauling gravel, and a stone breaks your windshield,,,,,,,,,,,,,Its an act of God. Man put the gravel in the truck, God put the snow on the truck,,, but the law is the other way around??????????