Got whacked by a tractor but the law says its OK

Discussion in 'Business Operations' started by olderthandirt, Apr 30, 2006.

  1. olderthandirt

    olderthandirt LawnSite Platinum Member
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    Posts: 4,900

    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:
     
  2. stumper1620

    stumper1620 LawnSite Bronze Member
    Posts: 1,889

    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.
     
  3. olderthandirt

    olderthandirt LawnSite Platinum Member
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    Posts: 4,900

    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
     
  4. stumpjumper

    stumpjumper LawnSite Member
    Posts: 183

    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.
     
  5. olderthandirt

    olderthandirt LawnSite Platinum Member
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    Posts: 4,900

    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
     
  6. something does not smell right, slow moving sign or not there is such a thing as liability.
     
  7. stumper1620

    stumper1620 LawnSite Bronze Member
    Posts: 1,889

    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:
     
  8. stumpjumper

    stumpjumper LawnSite Member
    Posts: 183

    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".
     
  9. olderthandirt

    olderthandirt LawnSite Platinum Member
    from here
    Posts: 4,900

    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
     
  10. sheshovel

    sheshovel LawnSite Fanatic
    Posts: 5,112

    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.
     

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