Tractor Rear Ended by Semi Truck...

by Bruce
(Le Mars, Iowa, USA)

A farmer from Iowa was driving his farm tractor on highway 81 south, 3/4 mile north of an intersection in South Dakota at 2:00 am on 11/11/2011 when he was rear-ended by a semi truck.

The collision severely damaged the tractor and the truck. The tractor had all its lights on and the Slow Moving Vehicle (SMV) signs were attached and were very observable. The tractor also had a strobe light. It was traveling on a flat stretch of highway where the trucker should have had no problem seeing the tractor.

The trucker literally drove head on into the farm tractor and did not apply any brakes. Who supposedly would be at fault in this collision?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Tractor Rear Ended by Semi Truck...":

Bruce (Le Mars, Iowa, USA):

Normally the driver behind, or the driver following, will be the at fault driver. From the facts you present it seems clear the driver of the semi-truck should be clearly and fully liable for the damage to the tractor.

If the tractor had all legally required lights on there doesn't seem to be any reason for the tractor driver to be liable or responsible for the collision. Unless there are additional facts unknown to us at this time it would appear to be a clear cut case of liability.

You didn't mention if the tractor driver suffered any personal injuries. From the collision you described it is difficult to comprehend how the tractor driver wasn't injured.

Most, if not all tractors don't have seat belts or head rests. As a result a rear end collision from a semi truck whose driver failed to apply any brakes should have seriously injured or killed the tractor driver.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Comments for Tractor Rear Ended by Semi Truck...

Click here to add your own comments

Tractor-semi accident...
by: Anonymous

I would say the tractor operator was at fault because according to what is in the above report he was on the road after midnight.

The truck driver would not have known that it was a slow moving tractor until he was in to him. It would have seemed more likely that with the strobe light that it was another fast moving semi.

Click here to add your own comments

Return to Semi-truck Accident Questions.

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review:

TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION