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?
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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,
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