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HONESTLY WHAT THE HECK!!...Plow truck VS Altama....whos in the wrong?

Discussion in 'Commercial Snow Removal' started by Plowinpro03, Feb 27, 2008.

  1. Plowinpro03

    Plowinpro03 Senior Member
    Messages: 151

    So, i was just getting done with my route, and I went to the city to plow out my dead-end parking lot that leads to my building/business. The lot looks like a T, and the left side is a small section. The main part is a right-of -a way to access my lot.. There are no parking signs EVERYWHERE amongst the driveway/parking lot, b/c delivers and such are permitted based on my consent.
    Apparently, when i pulled in there were NO vehicle's, at least i didn't notice any. As i was plowing the dead end section, i was backing out to do another pass, and i looked behind me as usual not to hit the dumpsters and gates, a/c units, suddenly "BANG"....then i hear a female voice scream.."YOU HIT MY CAR!!!"...suddenly i thought..well were the hell did that come from..wasn't there b4..and it most certainly shouldn't be there not... Had a police report filed, per her request, the police officer is gonna check the lot out again to see if the signs are up and visible..with they are and include that in her report.....im a 100 % at fault? There are no trespassing signs/no parking signs..tow signs visible EVERY WERE in and around MY OWNED PARKING lot????

    direction would be greatly appreciated.
     
  2. LawnProLandscapes

    LawnProLandscapes PlowSite.com Addict
    Messages: 1,129

    take pictures of your lot to, dont rely on the police. maybe check with an attorney and see what course of action can be taken. i would have suggested to the police that she be ticketed for trespassing, and parking in a no parking zone. was it a local chick and local police? maybe they knew each other. had a thing like that happen about two years ago in front of my house. my brothers jeep grand cherokee was parked about 30 ft. from my driveway entrance and at my entrance there is a utility pole. some clown came speeding down our street (30mph zone) dropped his coffee bent down to get it and in the process DRILLED my brothers jeep sent it flying 30 ft. into the utility pole, totalled the jeep snapped the utility pole off at the ground and broke it half way up. the local smokies show up, clown has NO registration and NO PROOF of insurance and gets NO TICKETS!!!!! why because coincidentally his cousin works for the local dpw and he just happend to show up to check the pole out and happened to know the officers. needless to say i used my outdoor voice with the officers then left a couple nice patches for em when i left my house with my f-150.

    where in central ny are you?
     
  3. montanag

    montanag Member
    Messages: 53

    Did she pull in right behind you while you were plowing? This whole scenario sounds like it sucks for you. Good luck, and hopefully you are held to a minimum of the liability.
     
  4. Plowinpro03

    Plowinpro03 Senior Member
    Messages: 151

    idk, its a complete blind spot were she pulled into...the lot is surrounded by high rised buildings so you can see around any corners. I never noticed her pulling in....


    lawnpro.....im in syracuse. There were two lady cops that showed up. They were fair, when i contacted the police again to make sure for her to go check the lot out, she did go and do it....ill get the accident report tomorrow.

    Thanks for moving this into the correct forum section.
     
  5. Indy

    Indy Senior Member
    Messages: 704

    if it marked like you say and you own it, this person was trespassing and had no legal right to be on your property. Why was she there?? Did she have permission to be there or was she doing business there?? Was she parked in a parking space or did she just stop in a location that was convenient for her???
     
  6. Plowinpro03

    Plowinpro03 Senior Member
    Messages: 151

    It's a "right of a way"...but not for her purpose of use. She does not have any parking privileges. It's for commercial use....delivers/ trash pick up..and even that is strictly permitted. There is a back door exit for the bar she works at that she was parked by.
     
  7. plowman4life

    plowman4life Senior Member
    Messages: 557

    well i would say if she is not permitted to be back there you shouldnt be at fault
     
  8. KGRlandscapeing

    KGRlandscapeing 2000 Club Member
    Messages: 2,660

    people r freakin sneaky when it comes to plow guys its like when ur trying to kill an old person u aim for the one with the biggest insurance policy.
     
  9. Plowinpro03

    Plowinpro03 Senior Member
    Messages: 151

    It just sucks that i pay the taxes on the lot, i own the lot, and i have to plow the lot for others to use so i can avoid any other lawsuit, the building she uses has not property existing on the lot, they have no legal access to the lot, other then a fire exit. Yet, here, i am working a 17hr day trying to keep ahead and i get shitted on....really sucks, im waiting on the insurance guy to call me back, im gonna tell them not to pay ****, let them take me to court and have it cost them more money.
     
  10. kcplowmata

    kcplowmata Senior Member
    from kc
    Messages: 174

    Doesnt matter you hit her. If i come to your street or workplace that you plowed and fall its on you. Id try to see what kinda of deal you could work out a lil cash goes a long ways.Yea and when she wins in court you pay her court costs too. Like everyone else youd want paid if you got hit. Sucks but what do you do thats why we carry insurance.
     
  11. LawnProLandscapes

    LawnProLandscapes PlowSite.com Addict
    Messages: 1,129

    i think it does matter in this situation. it is a PRIVATE lot which access is allowed ONLY if you have permission. if it was a public lot for a business ie. mall or shopping center then it would be a different story, that would be a public right of way. his lot is a PRIVATE right of way and she had no reason to be on that property and obviously didnt have permission. also if your plowing a street its a PUBLIC right of way which means anyone and everyone is allowed to travel on it. id definately get a lawyers opinion first. jmo
     
  12. NBI Lawn

    NBI Lawn PlowSite.com Addict
    Messages: 1,797

    I dont know how it will turn out for you but I was in a similar situation a couple years ago. A guy decided to park his car in MY driveway, in the turn around area no less. I was backing out and boom... put my reicever hitch right through his quarter panel. Dude comes walking from next door and cops an attitude, mind you this is a single family residential driveway. Cops came out but since it was on private property they wouldnt take a report. Guess whos insurance ended up having to pay out? You guessed it, I was at fault. Still on my insurance :angry:.
     
  13. bribrius

    bribrius PlowSite.com Addict
    Messages: 1,609

    sorry to hear though things like that can ruin your day. no fun.
     
  14. yamaguy

    yamaguy Senior Member
    Messages: 556

    I would of had the cops charge him with trespassing or somthing!
     
  15. NBI Lawn

    NBI Lawn PlowSite.com Addict
    Messages: 1,797

    Maybe thats were this outcome will be different. I didnt have any "No Trespassing" signs up. I think what it comes down to is you hit them, as crappy as it is.


    What was her explanation for even being there?
     
  16. ducatirider944

    ducatirider944 Senior Member
    from Iowa
    Messages: 469

    Doesn't matter if you have no trespassing signs posted. He can prosecute her for trespassing and she will have to pay a fine but he still hit her car. Doesn't matter if you live on a 150 acre farm and you hit someone on your 1/4 mile long driveway. You failed to maintain control of your vehicle, you proceeded to back up with out checking your mirrors. Driving is a privilege not a right. It is your duty to observe everything and proceed when it is safe to do so. Same goes for someone getting hurt on your property even though they didn't have your permission to be there it was your land so you are responsible. Although I don't agree with this out come it is the way it will go down. Don't blame me, I want a hunting season opened for tree hugging bunny lovers, they are the ones that make you responsible for someone else’s stupidity.
     
  17. kcplowmata

    kcplowmata Senior Member
    from kc
    Messages: 174

    How can you charge someone for being on a right of way. She has some right to be there. Could have been lost. What sucks is he was tired gettin with it plowing and forgot to look.Not like she was gone away from the car. He said she made a statement as soon as he hit it. Maybe she needed a turnaround.
     
  18. NBI Lawn

    NBI Lawn PlowSite.com Addict
    Messages: 1,797

    I know, I didnt want to be the bearer of bad news :eek:. Sucks but thats the way it is :gunsfiring:
     
  19. Plowinpro03

    Plowinpro03 Senior Member
    Messages: 151

    absolutely not, shes a bar manager and has been asked many times not to park in the ally. She was around a blind side of huge land based air conditioner unit. She was outside smoking a cig b4 her shift started/ended w/e. She had just returned. This is gonna raise alot of questions. To speak about the farm land example. Vehicles that are NOT driving into/onto public roads do not require to be insured or registered. Ill have the answers by Tuesday of next week of what this may lead too. I have ever right to deny payment by my insurance company, and it will go under an investigation. There is a parking/trespassing fine that is posted. So, if anything it will equal out. I dont for see the damage exceeding 1000 dollars. ($500 dollars trespassing fine/$500 dollar parking fine). If anything this will go to small claims court, which she'll have to attempt to defend herself, or possible hire a lawyer. The judge will view it as an accidentally incident that would not have been caused pending the fact that she shouldn't have been there....."wrong place wrong time case".....well see what happens. Same situation if your struck by a police or a safety vehicle that is in route to an emergency, they are not responsible. Same thing goes for a snow plow, if ur parked illegally on the side of a road and state/county/town plow hits your vehicle there not responsible as far as i know......ur NOT suppose to be parked there during that time.
     
  20. ducatirider944

    ducatirider944 Senior Member
    from Iowa
    Messages: 469

    First off I'm not trying to be a d**k here, god knows I've had my share of close calls after being out plowing for 20 hrs and backing up stopping a split second before hitting something and saying "holy s**t that was close, where did that come from!" I'm sure we have all been there. In the eyes of the law you damaged her property, it doesn't matter if you were on private or public ground. Just like it wouldn't matter if it happened on your farm and you backed into her car with your tractor which would be unlicensed.

    I have a close friend whose wife was a district court judge until cancer took her life a few years back. We had long discussions of things like this over dinner all the time. This situation would have been a perfect scenario for one of our conversations. Even if she thought you were in the right she has to follow the letter of the law. She would talk about a case scenario (no names ever) where she thought the defendant was in the right, but she still had to side with the plaintiff because the law made her.

    You are right emergency vehicles are not responsible on their way to emergency calls. Any other time they are, just as gov't plow trucks are.

    Do the signs say $500 fine for trespassing or parking or do they that they will be prosecuted? Where did that $500 number come from if they do? Who gets that money the business owner or the state?

    I wish you the best of luck. If I was in your shoes and the damage was less than $1000.00 I would just pay it and go have a scotch on the rocks. I wouldn't turn it into the insurance company, pay a $500 deductible to them to save $500 and then have a mark on my record. I wouldn't want to take it to court and than have to add hers and my court costs into what I owed. Just my $.02