As winter approaches, drivers again encounter the natural hazards of snowy and icy roads. One additional hazard which is frequently encountered, but can be easily avoided, is the failure to clear snow and ice from the roof of one’s vehicle. Certainly, we have all seen vehicles with a heavy blanket of snow on their roofs, or have even experienced situations when snow suddenly flies off the roof of a vehicle in front of us.
In many states, the failure to clear one’s roof is a ticketable offense. Although it is not currently specifically prohibited in New York, legislation has recently been proposed to make that conduct illegal. The New York State Legislature is currently considering a proposal to amend the Vehicle & Traffic Law to provide that motor vehicles shall not be operated with an accumulation of snow or ice on their surfaces and to establish significant fines for violation of these provisions. NYS Bill S395-2013; A3687-2013.
Although the failure to remove snow from a vehicle’s roof may not currently be illegal, it may still constitute legal negligence. Drivers have an obligation to maintain their vehicle in a manner that does not pose a risk to others. When vehicles travel with an accumulation of snow on the roof, the risk exists that it could fly off the roof, blinding other drivers and causing serious accidents. A flying mass of snow and ice can cause obstructions in the road, drivers to swerve, or can directly strike the windshield of following vehicles. Car accidents caused by flying snow and ice may include severe injuries, resulting in the need for surgery or in some cases, death, and serious property damage.
Taking a few moments to clear snow from your vehicle will provide safer roads for everyone. Should you or a loved one be injured due to another driver’s failure to maintain and operate their vehicle in a safe manner, please call the personal injury attorneys at Maynard, O’Connor, Smith & Catalinotto at 800-721-3553 today.
