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Hopefully this guy has good insurance.

Discussion in 'Commercial Snow Removal' started by Plowtoy, Dec 5, 2010.

  1. Plowtoy

    Plowtoy Senior Member
    Messages: 929

  2. thelettuceman

    thelettuceman PlowSite.com Addict
    Messages: 1,218

  3. creativedesigns

    creativedesigns PlowSite.com Addict
    Messages: 1,929

    The whole incident is unfortunate, but luckly no kids got killed. However young kinds should know better than to cross the road without looking both ways. Regardless of burn out bulbs or not!!! I suspect the plow driver will be free.
  4. wewille

    wewille Senior Member
    Messages: 311

    Thats terrible, I feel sorry for everybody thats involved.
  5. paponte

    paponte Senior Member
    Messages: 717

    Very tragic and unfortunate, but the driver did what he should have, especially considering the plow and trailer he had on.
  6. Turf Commando

    Turf Commando Senior Member
    Messages: 567

    Maybe he does only his aunt marthas driveway not commercial plower...:rolleyes:
  7. msu1510

    msu1510 Senior Member
    from MI
    Messages: 128

    did you notice how the news tries to show only the truck and plow and keeps cutting the trailer out of the picture in the commercials? almost like they are trying to make snowplowers in the area look bad.
  8. swtiih

    swtiih PlowSite.com Addict
    Messages: 1,179

    Hopefully all these kids recover, that would not be a good memory to have in your mind, little ones going off your plow
  9. theplowmeister

    theplowmeister 2000 Club Member
    from MA
    Messages: 2,617

    No Kids do NOT know.
  10. Pinky Demon

    Pinky Demon PlowSite.com Addict
    from Ohio
    Messages: 1,121

    Bullchit. They drilled that stuff into us at 5 yrs. old. If they don't know, they don't need to be walking the streets period. If anything happens to the plow driver, I will be pissed.
  11. woodchuck2

    woodchuck2 Senior Member
    Messages: 304

    From what i am seeing in Society in the last few years is people no longer watch for traffic. People just feel that pedestrians have the right away and just walk right out in front of you without even looking. There is little to no common sense in a majority of our population and this new lazy generation has made it even worse. If there is a cross walk then Yes pedestrians have the right of way but one should not expect a vehicle to just stop because someone feels they just need to cross the street at that particular place and time.
  12. albhb3

    albhb3 PlowSite Veteran
    Messages: 3,523

    see the fact is if he would of had a boss V he could of put her in the scoop position and cradled them.. well thats my theory of course
  13. B&B Plowing

    B&B Plowing Junior Member
    Messages: 19

    This is True. I agree with Pinky on this subject. I have an 8 yr old and I have been telling him since he was old enough to walk... If they cant look both ways they dont need to be out walking by them selfs. If you blame any one blame the parents. The kids need to either take a bus or have the parents pick them up. Simple as that.
  14. Turf Commando

    Turf Commando Senior Member
    Messages: 567

    Children don't pay attention, I can't count the times they jumped in front of my trucks spring/winter....
  15. REAPER

    REAPER 2000 Club Member
    from 60050
    Messages: 2,230

    This will have no effect on his commercial side of insurance.

    He was driving down the road towing a old car. So he had a plow on the truck. Who can say or prove he was or is a commercial plow guy? All he has to claim is it is for his driveway and makes no money doing plowing. Even if he did plow for money he was still driving and not plowing the road.

    This will fall under his basic auto insurance policy. The news sure swallowed the city story of no reports on a burnt out light. They talked more about that than the kids. I would bet it was reported and the city is in CYA mode plain and simple. If the crossing guard on duty just ended her shift then it is she who should have reported it immediately. The truck driver was driving on a road and following all traffic laws and in fact was going threw a green light when the kids walked in front of him.

    Sad story but it is in no way the truck drivers fault.
  16. plowman4life

    plowman4life Senior Member
    Messages: 557

    If kids do not know to look both ways before crossing the road why are they being allowed to walk home.
  17. Scottscape

    Scottscape Senior Member
    Messages: 662

    I dont think commercial insurance makes a difference as that is not what he was doing. He could have been using the plow to plow his driveway and not commercially. You can also clearly see that he was transporting a car so obviously he was not commercially plowing. There is no evidence that he is using his plow commercially. The accident was not caused due to his snow plow. I don't think the snow plow makes a difference that he hit the kids.
  18. plowguy43

    plowguy43 PlowSite Fanatic
    Messages: 5,281

    Pedestrians have the right of way here so it would be on the driver here as I assume it will be there. I couldn't imagine hitting children, that's horrible.
  19. wildwilly

    wildwilly Member
    Messages: 85

    how is it that its everyone else's responsibility to report a light out and not the city?..its called maintenance...they drive around all summer doing nothing...yet its up to others to do the city's job!!
  20. hoskm01

    hoskm01 Senior Member
    from AZ
    Messages: 475

    That's not how liability in a collision like this works...

    Pedestrians always have the assumed right of way. The motorist is always required to yield, if practicable (you can use the reasonable person standard to determine this). However, they (the children), technically, were the ones committing the crime, though of course we cant trust the news to deliver ALL the facts in a completely truthful way, so we have to go based on what they said in the story. If the driver was operating within the means and capacities of his vehicle and was going the speed limit, he will face no criminal liability. Consider the MRS 29-A 2056 (6)(c). This is just Maine's law, but it is typical of most states in the US.

    6. Pedestrian prohibitions. A pedestrian may not:
    A. Cross between adjacent intersections at which traffic-control devices operate, except in a marked crosswalk;
    B. Cross an intersection diagonally, unless authorized by official traffic-control devices; or
    C. Suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible for the operator to yield.

    Private lawsuits are another thing. Anyone can sue anyone at any time for anything; they do, and they will. His auto insurance, whether commercial or personal will still come in to play.