Visitor Question

Tractor Rear Ended by Semi Truck…

Submitted 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?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Bruce,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: November 12, 2011

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Comments

One thought on “Tractor Rear Ended by Semi Truck…

  1. 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.

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