Central New York Injury Lawyer Blog

The Governeur Times reported yesterday that St. Lawrence County sheriff's deputies are investigating a fatal snowmobile accident on the Tooley Pond Road near the River Road in the Town of Clifton. A 40-year old snowmobiler of Brownville, N.Y. was traveling north on the east side of Tooley Pond Road when he crossed onto the west side of the road, struck a snow bank and was ejected.

Most snowmobile accidents are caused by snowmobile operator error, usually involving excess speed. Most snowmobile accidents involve a smowmobile driver striking a fixed object, just like in this unfortunate accident, where the driver struck a snow bank.

Sometimes snowmobile accident victims are not at fault, or some other person is partially at fault. This Central New York snowmobile accident lawyer has blogged several times recently about snowmobile accident lawsuits in New York State. You can read all my snowmobile accident blogs, which include safety tips for snowmobiling, by clicking here, here, here and here

When I look back over the past month or so (December and January), I see that I have been blogging quite a bit about car and snowmobile accidents. It is no coincidence. This time of year, these kinds of accidents fill up the newspapers and tie up my phone line.

Car accidents happen with greater frequency in winter for two reasons: (1) the slippery conditions and (2) the shorter days (People are driving in the dark more often, with more limited visibility, both on the way to work and back). And do I need to explain why snowmobile accidents happen with greater frequency in winter? I think not!

A few days ago I blogged that car accidents are sometimes the "road's fault", that is, that a government entity (New York State, or a town, city or county) negligently designed the road or its signage, traffic control devices, drainage ditches, shoulders, etc. I explained that, in such cases, motor vehicle accident victims may have a valid claim against whatever government entity designed and maintained the roadway.

The same can be said for snowmobile accidents. Sometimes the government or a private party owns and maintains snowmobile trails. Sometimes snowmobile accidents are caused by the poor maintenance, planning, or design of those trails.

But hold on! These are not easy cases. Even though the landowner may be at fault, there is a special statute in New York that protects them in many cases. It is called General Obligations Law section 9-103. This law provides that landowners "have no duty to keep the premises safe for entry or use by others for (among other things) snowmobile operation" and that they have no duty to "give warning of any hazardous condition or use of or structure or activity on such premises to persons entering for such purposes". In other words, generally you can't sue the landowner for dangerous snowmobiling conditions, or even for failing to warn you about them.

The law's purpose is laudable; it encourages landowners to open up their property for snowmobiling and other recreational use by the public. Many landowners would be reluctant to do so if they thought they could be sued for accidents that happen on their property.

But there are many exceptions to the blanket protection provided by Obligations Law section 9-103. By way of example only, a government entity such as a County, that opens up its land for snowmobile use, and maintains snowmobile trails, may be held liable under a "public parks" exception to the rule. In fact, Michaels & Smolak is currently litigating such a case against Oswego County. There are many other such exceptions, too.

Make no mistake; the number one cause of snowmobile accidents is unsafe driving.But if you or a loved one is injured in a snowmobile accident and you believe it might have been at least partly "the trail's fault", call a New York snowmobile accident lawyer to discuss the case.

There are between 300 and 400 snowmobile accidents in New York State each year, with about 25 fatal ones. Two more snowmobile accidents were reported in recent days. I previously blogged about safety rules for snowmobiling. These recent snowmobile crashes remind us of the do's and don'ts of snowmobiling:

Snowmobile Accident #1: The Syracuse Post Standard reports that a Lyncourt man died from a snowmobile accident in Lewis County last Saturday night. The snowmobiler was traveling on Smith Road in the town of West Turin around 8 p.m. when he apparently LOST CONTROL of his sled on a curve, and STRUCK SOME TREES. He was pronounced dead upon his arrival to Lewis County General Hospital.

Snowmobile Accident #2: The Saratogan reports a snowmobile accident near Edinburg on Great Sacandaga Lake this past weekend. An East Greenbush resident allegedly CLIPPED THE REAR OF ANOTHER SNOWMOBILE, causing him to fall off the sled and strike his head on the ice. He was airlifted to Albany for treatment and was listed in stable condition. Fortunately, he was WEARING A HELMET.

So what safety rules do these accidents remind us of?

Safety Reminder from Accident #1: SLOW DOWN, especially at night.

Safety Reminder from accident #2: DON'T FOLLOW TOO CLOSELY to the snowmobile in front of you. And WEAR A HELMET (this may have saved the man's life here).

Snowmobiling can be safe if you make it safe. Thanks for driving safely.

The Geneva Finger Lakes Times reports today on a snowmobile accident last Friday in Farmington, Wayne County. Here's what happened: Two snowmobilers were operating their sleds in an open field. One of the snowmobilers turned his sled into the path of the other, causing the second to be thrown, and his snowmobile to turn over onto his left arm, fracturing the two bones in his forearm. The accident happened in a field north of Green Road at about 6:00 pm. The injured snowmobiler was taken to FF Thompson Hospital in Canandaigua.

I recently blogged about the dangers of snowmobiling and how to minimize the risks associated with the sport. Snowmobile accidents don't just "happen"; snowmobilers make them happen by negligent, careless driving. Here, depending on the facts, either one or both of the snowmobile drivers are to blame for this accident. From the facts as reported, it would seem that the snowmobiler who turned his sled into the path of the other would be legally liable for the accident.

Snowmobilers who use their snowmobiles off their own property are required to have liability insurance on their snowmobile. I hope that the at-fault driver here had insurance on his sled so that the other driver, with the help of a New York snowmobile accident lawyer, can tap into it to cover his medical expenses, any lost wages, and also get some compensation for his pain and suffering.

Fortunately, the injuries here do not appear serious. But as I wrote about in another recent blog, snowmobile accidents often do produce serious, and even fatal, injuries.

Keep safe. Follow good snowmobiling safety rules.

What three things just don't mix well with a picturesque winter landscape such as the one I see as I look out my window in Geneva, New York this evening? Answer: Snowmobiles, drinking and speed. Yes, I know I already recently blogged about snowmobile accidents in New York , but snowmobiling is on my mind because of this wintery weather we are having. Here's some more important safety information for New York sledders:

There are over 130,000 registered snowmobiles in New York State, and almost 11,000 miles of official snowmobile trails. Speed and alcohol are by far the two biggest factors in causing snowmobile accidents and fatalities. The deadliest sledding season ever recorded in New York was the 2002-2003 season, which, according to the New York State Office of Parks, Recreation and Historic Preservation, took 31 lives. Fortunately, the 2008-2009 season (last year) took only 14 lives in New York. The fatalities last year seemed to cluster in the southern Adirondacks, near Long Lake (Hamilton County) and Otter lake (Oneida County).

All the experts say that excessive speed is almost always a factor in snowmobile crashes. Our experience bears this out: At Michaels & Smolak, we handle claims every year on behalf of innocent snowmobilers injured by the negligence, carelessness and recklessness of other sledders, usually involving excessive speed.

I recently found a good, short video with safety tips for snowmobilers, which I want to share with you. Here it is. Sledders, watch it, and do it!:

Snowmobiling is a favorite winter activity of many central New Yorkers. New York boasts over 10,000 miles of funded or groomed trails, many of which are located in Onondaga, Oswego, Cayuga, Seneca, Wayne, and Ontario counties. Sadly, every winter brings new snowmobile fatalities and serious injuries to upstate New Yorkers. Winter has just started and already the snowmobile accidents have begun. Unfortunately, Syracuse, Oswego and Auburn area snowmobile accident lawyers will soon be getting those unsettling calls from the family of those suffering devastating injuries from snowmobile collisions. I just read about an accident this week in Pennsylvania, where a snowmobile collided with a horse and buggy, killing the snowmobiler.

In past years, there have been somewhere between 300 and 400 snowmobile accidents in New York State each year, with about 25 per year being fatal. Unsafe speed is listed as the cause of the majority of snowmobile accidents, and of those, alcohol consumption often plays a role. Most snowmobile collisions are with fixed objects, such as trees, after the operator loses control and leaves the trail, but crashes with other snowmobiles, cars or trucks are not uncommon.

Before you take out your "sled" this winter, make sure you are familiar with New York State laws regulating snowmobiling. If you are going to snowmobile on any property other than your own, you need to register your snowmobile with the Department of Motor Vehicles. You also need to get auto insurance for it. All operators and passengers of snowmobiles are required to wear helmets. Local ordinances might contain additional rules regulating snowmobile use.

Also, make sure you are familiar with safety guidelines for snowmobilers. Here are the key ones:
• SPEED: Always drive at speeds at which you can stop safely if a dangerous object suddenly appears.
• SIGNS: Stick to marked trails; follow the trail signs, and obey speed limit signs.
• ROADS AND CARS: Use extra caution when crossing roads, or when traveling on roads or on shoulders of roads. Motor vehicles should be feared. They are bigger and faster than your snowmobile. Leave plenty of space for them to pass you.
• TRAILS: Some trails are narrow and hard to judge, especially at night. Go slowly on narrow trails so you can react to oncoming riders.
• NIGHT: At night, check your headlights, taillights, and brake lights before you ride. Do not "override" your headlights at night, which means traveling so fast that you pass through the area lit up by your headlights before you can safely stop.

Be safe as you enjoy another central New York "winter wonderland".