Accident involving village plow discussed

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pickle puss

Liverpool, NY

#1 Feb 22, 2013
Herkimer, N.Y.— its always who you know in life... listen kate worry about my taxes..
An accident involving a village snowplow generated some discussion at Tuesday’s meeting of the Herkimer village board.
Trustee Katherine Nichols said her neighbor’s parked car had been struck in the side by a village plow and asked Public Works Superintendent Peter Macri what happened.
Macri said drivers have a problem with the dead end streets because they are narrow and there is no place to turn the plow around. Residents don’t want the plows turning around in their driveways.
“They have to either drive down the street and back out or back in and drive out,” he said.
He added the plow extends wider than the truck and it struck the car.
Macri didn’t know if there was space on Francis Street, but said he is looking into the possibility of using the village right of way to create a turn-around at the end of Lake and West Lake streets for the plows.
Nichols asked about the village’s obligation to the owner of the vehicle and was told the village had none because the accident occurred in the act of plowing.
“That’s under New York state vehicle and traffic law,” said police Chief Joseph Malone.
Nichols questioned why the plows were out at the time of the accident when there was no snow falling. Macri said police had notified DPW there were icy spots throughout the villages and the trucks had been sent out.
Nichols also said Mayor Mark Ainsworth should have been informed of the accident.
How much

Syracuse, NY

#2 Feb 22, 2013
How much of the tax payer money will be spent on her fight to keep the plows off the street now? Whats Peter thinking, we cant put signs in the right of way what makes him think she'll let him turn plow trucks around on it??? She should have told her neighbor, shouldn't have parked in the street! These board members are working for themselves and not whats in the best interest of the tax payers! How did the conference call go with the attorney on the workers comp appeal???$$$$$$$
are you kidding me

Herkimer, NY

#3 Feb 22, 2013
pickle puss wrote:
Herkimer, N.Y.— its always who you know in life... listen kate worry about my taxes..
An accident involving a village snowplow generated some discussion at Tuesday’s meeting of the Herkimer village board.
Trustee Katherine Nichols said her neighbor’s parked car had been struck in the side by a village plow and asked Public Works Superintendent Peter Macri what happened.
Macri said drivers have a problem with the dead end streets because they are narrow and there is no place to turn the plow around. Residents don’t want the plows turning around in their driveways.
“They have to either drive down the street and back out or back in and drive out,” he said.
He added the plow extends wider than the truck and it struck the car.
Macri didn’t know if there was space on Francis Street, but said he is looking into the possibility of using the village right of way to create a turn-around at the end of Lake and West Lake streets for the plows.
Nichols asked about the village’s obligation to the owner of the vehicle and was told the village had none because the accident occurred in the act of plowing.
“That’s under New York state vehicle and traffic law,” said police Chief Joseph Malone.
Nichols questioned why the plows were out at the time of the accident when there was no snow falling. Macri said police had notified DPW there were icy spots throughout the villages and the trucks had been sent out.
Nichols also said Mayor Mark Ainsworth should have been informed of the accident.
Dont let Joe Malone fool you. This is the same guy that still hasn't found the killer of that baby from almost 2 years ago.
The same guy that has had how much garbage during his tenure?!?
New York State vehicle and traffic law doesn't prevent the village from being liable. That's what the village has insurance for. You need to call a lawyer.
are you kidding me

Herkimer, NY

#4 Feb 22, 2013
are you kidding me wrote:
<quoted text>
Dont let Joe Malone fool you. This is the same guy that still hasn't found the killer of that baby from almost 2 years ago.
The same guy that has had how much garbage during his tenure?!?
New York State vehicle and traffic law doesn't prevent the village from being liable. That's what the village has insurance for. You need to call a lawyer.
The section Malone was referring to is 1103(b) of the Vehicle and Traffic Law. This law exempts vehicles that are engaged in highway work from complying with the rules of the road and limits liability. What it doesn't do is protect the municipality if you are able to prove they were reckless or negligent. Malone neglected to mention that. Reckless could be tough. Negligent is more likely to stick. Good luck!
face facts

New York, NY

#5 Feb 22, 2013
Actually, for once, Malone is correct. The Village is not liable for something that happened during the normal course of plowing. A lawyer will tell you the same thing.
face facts

New York, NY

#6 Feb 22, 2013
are you kidding me wrote:
<quoted text>
The section Malone was referring to is 1103(b) of the Vehicle and Traffic Law. This law exempts vehicles that are engaged in highway work from complying with the rules of the road and limits liability. What it doesn't do is protect the municipality if you are able to prove they were reckless or negligent. Malone neglected to mention that. Reckless could be tough. Negligent is more likely to stick. Good luck!
you are looking at an uphill battle that can't be won. The law is on the side of the municipality. There was no negligence and it would be extremely difficult to prove otherwise unless someone witnessed it.

end of story.
You know

Little Falls, NY

#7 Feb 22, 2013
She's got every right to question what happened. Why wasn't there an incident report filled out and given to the board for review?
face facts

New York, NY

#8 Feb 22, 2013
V&T Article 23 OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS
§ 1103. Public officers and employees to obey title; exceptions.(a)
The provisions of this title applicable to the drivers of vehicles upon
the highways shall apply to drivers of all vehicles owned or operated by
the United States, this state, or any county, city, town, district, or
any other political subdivision of the state, except as provided in this
section and subject to such specific exceptions as are set forth in this
title with reference to authorized emergency vehicles.
(b) Unless specifically made applicable, the provisions of this title,
except the provisions of sections eleven hundred ninety-two through
eleven hundred ninety-six of this chapter, shall not apply to persons,
teams, motor vehicles, and other equipment while actually engaged in
work on a highway nor shall the provisions of subsection (a) of section
twelve hundred two apply to hazard vehicles while actually engaged in
hazardous operation on or adjacent to a highway but shall apply to such
persons and vehicles when traveling to or from such hazardous operation.
The foregoing provisions of this subdivision shall not relieve any
person, or team or any operator of a motor vehicle or other equipment
while actually engaged in work on a highway from the duty to proceed at
all times during all phases of such work with due regard for the safety
of all persons nor shall the foregoing provisions protect such persons
or teams or such operators of motor vehicles or other equipment from the
consequences of their reckless disregard for the safety of others.
face facts

New York, NY

#9 Feb 22, 2013
You know wrote:
She's got every right to question what happened. Why wasn't there an incident report filled out and given to the board for review?
Regardless of liability, an accident report still should have been filed by the police. Liability is a completely separate issue from the actual accident. If one was not done, then somebody didn't do their job as this should have been reported as soon as it happened. Doesn't matter whether V&T law is on the side of the Village or not, an accident still happened and still needed to be documented.

And even though the law may be on the side of the village, it is still worthwhile information to have documented accident reports. They might show a pattern with certain drivers and/or certain streets where problems exist.

If some of these homeowners on these dead end streets have a problem with plows turning around in their driveways, simply stop plowing those streets and see how fast they change their tune.
dale coz cuntingham

Liverpool, NY

#10 Feb 22, 2013
im not paying one dime for this or anything else upurs dale
Humpy dumpty

Herkimer, NY

#11 Feb 22, 2013
Move ur cars off the streets looooozers. Let them do there job. Ur lucky it wasn't me I would have dragged car far from residence. Move it or I bust it.
Mete Pacri

Utica, NY

#12 Feb 22, 2013
Don't ask me I was at the tractor store working when this happened.
m cuntingham

Liverpool, NY

#13 Feb 22, 2013
There is no softer pillow than a clean conscience!
face facts

New York, NY

#15 Feb 22, 2013
herkimer homeowner wrote:
<quoted text>
there you go, in black and white.
the village most certainly is liable for damages that a plow driver inflicts on a vehicle parked on the street.
hey accidents will happen but the village cannot claim exemption from responsibility. the village insurance policy should handle any damages.
one thing i haven't caught in this -- the vehicle owner was notified of the incident by the driver or the village ... right?
Um, no it is right there in black and white they are not liable.
face facts

New York, NY

#17 Feb 22, 2013
"consequences of their reckless disregard for the safety of others"

Prove recklessness. Good luck with that.

As stated, the Village has no liability here as is dictated by subsection B of the aforementioned law.

End of story.
face facts

New York, NY

#18 Feb 22, 2013
(b) Unless specifically made applicable, the provisions of this title,
except the provisions of sections eleven hundred ninety-two through
eleven hundred ninety-six of this chapter, shall NOT apply to persons,
teams, motor vehicles, and other equipment while actually engaged in
work on a highway nor shall the provisions of subsection (a) of section
twelve hundred two apply to hazard vehicles while actually engaged in
hazardous operation on or adjacent to a highway but shall apply to such
persons and vehicles when traveling to or from such hazardous operation.
wow

Little Falls, NY

#19 Feb 22, 2013
Mete Pacri wrote:
Don't ask me I was at the tractor store working when this happened.
Oh my god!!! That is soooo funny. You made my day. Saddest thing about it, is you are probable right hahahahahahahahahah
wow

Little Falls, NY

#20 Feb 22, 2013
ooopppsss! probably right.
Buffalo Butt

Utica, NY

#21 Feb 22, 2013
Leave my Pete alone, he might have a hiffy piffy.
DHB

Herkimer, NY

#23 Feb 22, 2013
face facts wrote:
<quoted text>
Regardless of liability, an accident report still should have been filed by the police. Liability is a completely separate issue from the actual accident. If one was not done, then somebody didn't do their job as this should have been reported as soon as it happened. Doesn't matter whether V&T law is on the side of the Village or not, an accident still happened and still needed to be documented.
And even though the law may be on the side of the village, it is still worthwhile information to have documented accident reports. They might show a pattern with certain drivers and/or certain streets where problems exist.
If some of these homeowners on these dead end streets have a problem with plows turning around in their driveways, simply stop plowing those streets and see how fast they change their tune.
Why are we certain the plow hit this car ?

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