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View Full Version : Got whacked by a tractor but the law says its OK


olderthandirt
04-30-2006, 07:35 PM
Heading north and encoutered a south bound tractor. It was a big old international running 6' wide tires and they were not duals, he was pulling a chisel plow. I slowed to approx. 10-15 mph and went as far off the road as I could with out hitting the ditch and losing my trac and equipment on the trailor I was towing. I've lived in farm country most of my life and never met a farmer that would not slide over when traffic was approaching, TILL TODAY.
The SOB never moved an inch and he had nothing on the right side of him but open field and took out my mirror. I chased him down and called the highway patrol for an accident report while waiting this guy tells me cops won't do anything because he has a slow moving vehical sign on. The cop shows up right then and procede to take pics and gather info and the guy tells the cop he knows he's not liable because its happened before and we each pay for our own damages, and the cop agrees :dizzy: Apparently in ohio any equipment towed by a farm tractor is allowed left of center and your on your own on what to do. WTF kind of law is this? So now I can pay my deductable and get it fixed or I can sue and try to win or I can just get even. Those 6' tire are 5k apiece So what would everyone do ? And Geo I'm open for some legal suggestions such as how hard is it to prove who cut the sidewalls on 4 big tires :rolleyes:

stumper1620
04-30-2006, 07:44 PM
Heading north and encoutered a south bound tractor. It was a big old international running 6' wide tires and they were not duals, he was pulling a chisel plow. I slowed to approx. 10-15 mph and went as far off the road as I could with out hitting the ditch and losing my trac and equipment on the trailor I was towing. I've lived in farm country most of my life and never met a farmer that would not slide over when traffic was approaching, TILL TODAY.
The SOB never moved an inch and he had nothing on the right side of him but open field and took out my mirror. I chased him down and called the highway patrol for an accident report while waiting this guy tells me cops won't do anything because he has a slow moving vehical sign on. The cop shows up right then and procede to take pics and gather info and the guy tells the cop he knows he's not liable because its happened before and we each pay for our own damages, and the cop agrees :dizzy: Apparently in ohio any equipment towed by a farm tractor is allowed left of center and your on your own on what to do. WTF kind of law is this? So now I can pay my deductable and get it fixed or I can sue and try to win or I can just get even. Those 6' tire are 5k apiece So what would everyone do ? And Geo I'm open for some legal suggestions such as how hard is it to prove who cut the sidewalls on 4 big tires :rolleyes:
Mac,

I think my response would be about the same as what you are thinking.
What really sucks with this situation is his big azz tractor don't even pay use tax.

olderthandirt
04-30-2006, 07:58 PM
Mac,

I think my response would be about the same as what you are thinking.
What really sucks with this situation is his big azz tractor don't even pay use tax.

Steve, I can't believe the law as it was explained to me :confused: A tractor with a slow moving vehical sign is not responsable for anything there towing thats left of center :dizzy: Drop one wing of a triple disk into the opposite lane and your legal ? Thats crazy

stumpjumper
04-30-2006, 07:59 PM
mac i do admire your restraint. i to live in farming country and was involved in an incident involving a 14 foot disc. can you say OBSTRUCTING AN OFFICER. cool off, the deductable is probably cheaper.

olderthandirt
04-30-2006, 08:00 PM
mac i do admire your restraint. i to live in farming country and was involved in an incident involving a 14 foot disc. can you say OBSTRUCTING AN OFFICER. cool off, the deductable is probably cheaper.

Already recieved that warning and one for threatning to bodily harm if the cop heard one more word :laugh: :laugh: :laugh:

And the cop helps him write his accident report. Don't forget to mention that you did not know HE HIT YOU

JB1
04-30-2006, 08:17 PM
something does not smell right, slow moving sign or not there is such a thing as liability.

stumper1620
04-30-2006, 08:37 PM
something does not smell right, slow moving sign or not there is such a thing as liability.
Carelessness is more like it. The guy knew he could hog the road and purposely did so, that in my book is willful destruction of property.

Mac,
A couple years ago we had a private plane crash about 10 miles from my house, the pilot was coming in for a landing and got too low, there is a road that passes the end of the runway and there happened to be a semi gravel train from the local excavator that was passing right at the time the plane came down, the driver thought he was a dead man with this plane coming in at his drivers window, as it turned out the plane hit the front of the trailer then flipped onto the runway. a year later the trucking company lost in court and had to pay for the totaled out plane. Michigan no fault insurance laws say a motor vehicle that damages non road use private property is automatically responsible for any damage it is involved in. the truck driver was at fault for the pilots errors in the eyes of the written law.
Don't that just suck. just think if you get hit on the highway in Michigan by a 747, you are automatically at fault.:dizzy: :confused:

stumpjumper
04-30-2006, 08:47 PM
i think the best explanation i ever heard from an old cop was "the law is the horse, the officer is the jockey, the jockeys supposed to be smarter".

olderthandirt
04-30-2006, 09:46 PM
Carelessness is more like it. The guy knew he could hog the road and purposely did so, that in my book is willful destruction of property.

I like that, It was a work truck so I think tomorrow I'll run to the highway patrol and get my truck safty checked :drinkup: I know it will fail and I like the phrase loss of income. Maybe his insurence would rather eat the cost of a new mirror than paying there attorneys to find out if I have the kahunas to sue. Winning and losing means nothing to an insurence company when your talking $1000 -$2000 there attorneys eat that much up in a couple letters denying a claim

sheshovel
04-30-2006, 10:36 PM
I would think the sign needed to say"WIDE LOAD"
not "Slow moving vehicle" on it for that law to apply
something smells fishy here maybe the cop was buddies with the guy and they do this just for kicks or something.No offence intended Geo.

sheshovel
04-30-2006, 10:57 PM
Well I just looked through Ohio traffic laws and did not see a thing about that at all.

Lawn Masters
04-30-2006, 11:12 PM
I'd be talking to the state police office, and see what they have to say up in their offices. just me, but I'd get a lawyer, he probably saw you were in a vehicle thats a business vehicle, and may try to sue you for not moving or somethign like that. its very possible he'll take you to court, and lie saying you didnt move, and he did, or some s--t like that to get money out of ya.

rogers lawn care
05-01-2006, 12:08 AM
cut his f@#$%&# tires

Choctaw Scalper
05-01-2006, 03:50 AM
Well old tractors are usually uninsured! Go to him and explain he can pay now or pay later.

LindblomRJ
05-01-2006, 09:13 AM
I would pursue that one. Talk to the cops supervisor. Take the farmer to small claims court. Just pain rude and stupid. I usually make the cops prove their point if I think they are feeding me a line.

olderthandirt
05-01-2006, 06:20 PM
Just talked to the farmers ins claims adjuster and now the real BS starts. The guy says he was pulled over as far as he could go because of mail boxes and was STOPPED. So I asked the adjuster why would he stop where theres mail boxes when theres open fields on each side? No answer. Then he said he was not hardley in my lane, so asked the adjuster if he thought I went out of my lane to hit a stopped tractor and then call the cops after chasing him down? and if I did why did he not mention that I left the scene of the accident??
I got an estimate on my mirror $475 installed, which was a lot cheaper than I thought it was going to be and will pay to get it fixed tomorrow. His adjuster is sending for the accident report which is just our version and I already know the driver lied because the owner and cop was telling him what to do. He's also sending an accident investigator to measure the RD and berm and is requesting pics from the cop. I went and got my own pics and you can just barley see the trac that hit me but look at the location :dizzy: dam mail boxes everywhere :laugh: Also know that this farmer has $$$$ 4 Steigers and some nice Case tractor. MY neck is killing me and the loss of income is growing dailey. Hoping my attorneys in tomorrow but if he's still out of town I'm going to have my neck X-rayed as the pain is building by the hr. I beliece a chiroprator could make ease the pain:waving:

olderthandirt
05-01-2006, 06:22 PM
And you can just make out the tractor. But I know where he lives now :laugh: :laugh: :laugh: :laugh: :laugh: :laugh:

All_Clear
05-01-2006, 06:39 PM
Cut tires..... Bleach in the gas tank.... (no sugar doesn't ruin an engine)
and a nice Thank you! Have a nice day! :hammerhead:

Sounds like the local piggy has made friends with the farmer... Might want to call state to investigate the whole situation.

Hope your lawyer can settle it for you.


All Clear

Tim Wright
05-01-2006, 07:39 PM
Confusus says always carry donuts in vehicle, in case of of tight spot with lawman:rolleyes:

This farmer knows exactly what he is doing, and has an axe to grind.

Also, if you get a lawyer, check the dudes record to see how many times a year he goes to litigation. Farming just might be his hobby and litigating his real career.

Tim

topsites
05-02-2006, 12:03 AM
They sell 18-wheeler airhorns at most truck stops and a few other places. It takes some doing because you don't want them on top of the cab of a pickup truck (at least I don't) but for around 200-300 dollars and an afternoon, you can re-wire your entire horn and the next time someone comes around whose attention you need to grab, you do like I do and put one hand on the horn and don't let go until they get the idea and then some - Yes, I really do drive my outfit like it's a train. HERE I COME, MAKE WAY lol.

Very few folks take no reaction because there's little anyone can say in the way of 'I didn't hear anything' while I can say I knew it was a bad situation and had the horn blowing the entire time and they just collided with me all the same and blablabla ...

olderthandirt
05-02-2006, 01:54 PM
Update-------- The farmers insurence is paying
My attorney read the accident report and said he would be call me after he spoke to the highway patrol and the other ins. company. The adjuster called and said they would pay all cost to have the mirror fixed.
Attorneys are great to have one on retainers for when you need legal advise or help. What i saved by not having to pay my deductable [the mirror was more than they thought because it was heated and needed another part] and not paying higher premiums for the next 3 yrs pays for the retainer fee for the yr.

Remsen1
05-02-2006, 04:46 PM
Maybe they will not be so smug next time. Karma will get them eventually, but revenge is much more fun!

Lux Lawn
05-02-2006, 05:32 PM
Well first of all I'm glad to see that your alright.Older people take a longer time to heal after an accident then us younger people.:laugh: :laugh: :laugh:
I had a feeling as I kept reading that you would say that the insurance would be paying for it all in the end...they must have saw you flex those big muscles of yours:weightlifter: .

BTW--Hows your back doing???
Take care buddy.