Legal Question in Personal Injury in Pennsylvania

hit while plowing snow

I was plowing my driveway with an atv and was turning around on the street when a car came down the road, slammed on the brakes, lost control on the ice and hit me. I was sitting still approximately in the middle of the road. She filed a claim with her insurance and they want me to pay for her repairs. Isn't she responsible for maintaining control of her vehicle? I could have been a school bus...


Asked on 2/05/08, 6:33 pm

1 Answer from Attorneys

James Monaghan Law Office of James V. Monaghan

Re: hit while plowing snow

The other driver's liability liability rests with the application of the assured cleared distance rule. Was the other driver operating his vehicle at a speed such that he could stop within the distance he could see? Many factors increase/decrease this distance/speed including but not limited to:1)Time of day2)Ability to observe you and your vehicle and its speed, height,size & color and visibility of your attire 3)weather conditions which affect visibility 4)roadway conditions(rain, ice, snow).5)configuration of the roadway (Straight,level curved,hilly) Therefore if many or all of these factors reflect that the other dirver should have seen you and or was speeding under the circumstances in that he could not stop within the distance he could see, he is liable in whole or part. For example, an icey condition and curved or hilly roadway reduce visibility and therefore requires reduced speed.

The short answers is it depends on a number of factors that you have not identified. I have, however, given you the tools to apply to the facts of your situation.

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Answered on 2/06/08, 6:57 pm


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