Posted by Brian Jasper co. Ia on November 28, 2010 at 10:58:13 from (67.142.130.17):
In Reply to: Accident question posted by John S-B on November 28, 2010 at 08:08:30:
The tractor driver is not at fault because your friend didn't hit him. She is at fault because she lost control and caused another crash. Had she hit the tractor/equipment that was left of center if it were on coming, the tractor driver would be at fault. That's not to say a skilled lawyer couldn't track the farmer down and file a sucessfull civil action though. Maybe it's different from state to state, in Iowa farm equipment is required to yield half of the roadway period. If your livestock gets out and is on the road and gets hit, you're liable for damage. My opinion is there is no excuse for not having perimeter lighting on equipment that is being operated on the road afer dark.
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