Accident question update

John S-B

Well-known Member
The 17 year old girl got a ticket for failure to control, but I don't know if they are going to fight it. I certainly would if it were me. It seems to me the farmer could have used better judgement and used an escort on this stretch of road. He's probably lucky he didn't meet a Semi, it would have had nowhere to go. I don't know the vintage of the tractor either, or what it had for warning lights. I did see one on a different road a few days later that I thought was very well eqquiped, it was a newer JD with all his flashers working, an extra rotating beacon and flashers on both corners of the MoCo he was pulling.
 
Ohio is a comparative negligence state. It is highly unlikely that the farmer will be held liable to any extent in this case. He may, however, be forced to defend against suits by one or both other parties, especially if he has money and/or assets.

Hopefully the girls family has good insurance as they will almost certainly be liable for injuries and damages to the third party.

Dean
 
really is her fault for not being able to stop you cant very well sue a deer if ya hit one gotta be ready for anything
 
It's one thing to be able to stop for an object in your lane, but how do you account for something in your lane moving TOWARDS you?? Especially when it's around a corner and you can't see it coming.
 
Under the circumstances, she would be wise to fight the ticket. Her insurance is going up regardless, but I'd say she has a fair chance of beating the ticket.
 
Transporting oversize farm equipment is a problem
for sure I always have someone in front with flashers on if I'm going to be in the oncoming lane.The farmer would be held partly liable here as if it were not for him being in the wrong lane the accident would have never happened.As a practical matter the person with the assets will be the one everyone goes after.
 

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