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Got hit in snow - snow pile obstructed view

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bruce89

Junior Member
Massachusetts.

It had snowed last night and the city and a local restaurant plowed a huge pile (20 feet high) right at the corner of a busy intersection. It had also started snowing and the ground was wet at the time of the accident.

I had a blinking red and she had a blinking yellow. I stopped at the stop line and had to inch and stop to see around the pile. Basically I was just about to enter the intersection and still couldn't see out. I spent about 30 seconds at the intersection, inching and looking and waiting. It was a 2 lane road (1 each way with a double yellow). I was taking a left and she was going straight. The car straight across had pulled out enough to block the other lans (and those people stopped) and they flashed me. So I tried to inch out and as soon as I could see, I stopped again before proceding. She was almost right there. She honked and locked up her brakes (if she had squerved she would have missed me) and slid right into my drivers front.

Is it my fault solely because I had the blinking red and have to yield to everything, or is it partially hers for failure to use caution at a busy intersection with obvious potential danger, especially in the snow. Massachusetts driving handbook says "a flashing yellow is a warning. proceed with caution and stay alert. look both ways when crossing an intersection"

The police came and he acknoledged the pile and how impossible it was for someone to see around it. Neither of us were cited, but he didn't write down any paperwork. I took pictures of the snow bank and its relation to the intersection. Neither of us were hurt. She has an Suv and i have a little sports car so obviously I took alot of damage and she got a cracked bumper cover. Right now we're both getting our cars appraised before deciding about insurance. She believes shes not at all at fault because I had a blinking red. No drivers stopped to be witnesses (no surprise for massachusetts)

Whats everyones thoughts about whos fault and any other steps I should do?

Thanks!
 
Last edited:


teflon_jones

Senior Member
This is a tricky one. You were in the wrong because she had a blinking yellow and you had the red, so she had the right of way. However, you indicated she slid into you. That's a key point in this accident since she should probably have been going slower due to the slick conditions. If she had, it may have prevented an accident in the first place, so this could be considered her fault. Were you at a complete stop when she hit you? If so, how long had you been stopped in that position?

Ultimately, if you submit this to insurance, I really can't tell you who they would find at fault. It's really going to come down to whatever the respective adjusters work out.

By the way, I live in MA too so I know exactly where you're coming from. ;)
 

Lynx 36

Member
bruce89 said:
Massachusetts.

It had snowed last night and the city and a local restaurant plowed a huge pile (20 feet high) right at the corner of a busy intersection. It had also started snowing and the ground was wet at the time of the accident.

I had a blinking red and she had a blinking yellow. I stopped at the stop line and had to inch and stop to see around the pile. Basically I was just about to enter the intersection and still couldn't see out. I spent about 30 seconds at the intersection, inching and looking and waiting. It was a 2 lane road (1 each way with a double yellow). I was taking a left and she was going straight. The car straight across had pulled out enough to block the other lans (and those people stopped) and they flashed me. So I tried to inch out and as soon as I could see, I stopped again before proceding. She was almost right there. She honked and locked up her brakes (if she had squerved she would have missed me) and slid right into my drivers front.

Is it my fault solely because I had the blinking red and have to yield to everything, or is it partially hers for failure to use caution at a busy intersection with obvious potential danger, especially in the snow. Massachusetts driving handbook says "a flashing yellow is a warning. proceed with caution and stay alert. look both ways when crossing an intersection"

The police came and he acknoledged the pile and how impossible it was for someone to see around it. Neither of us were cited, but he didn't write down any paperwork. I took pictures of the snow bank and its relation to the intersection. Neither of us were hurt. She has an Suv and i have a little sports car so obviously I took alot of damage and she got a cracked bumper cover. Right now we're both getting our cars appraised before deciding about insurance. She believes shes not at all at fault because I had a blinking red. No drivers stopped to be witnesses (no surprise for massachusetts)

Whats everyones thoughts about whos fault and any other steps I should do?

Thanks!
It appears you will be at fault f/ this accident. You had the blinking red and the other driver a blinking yellow. She slid into you b/c she was trying to stop after you pulled out in the intersection. Turn this into your insurance co. and let them handle it. Your insurance co. will go after the business f/ reimbursement if they feel they have a chance at getting their money back, which is very doubtful. There may be some comp-neg if by measuring the skidmarks one could prove the other car was speeding or driving too fast f/ conditions.
 

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