Posted by paul on November 28, 2010 at 10:58:35 from (76.77.197.242):
In Reply to: Accident question posted by John S-B on November 28, 2010 at 08:08:30:
Kinda sounds like several minds are made up, without all the facts being totally there....
Skewer the farmer, they are always to blame.....
We don't know that he was left of the line, one person on scene mentioned it.
Many states are 'no fault' type & assingn partial blame to all parties involved.
Clearly driving so as to loose control of the car by driving off the edge of the road, the car driver carries much of the blame for the wreck. You need to drive so you have control of your vehicle.
It's possible the tractor driver shares in the blame, if he was driving across the line & outside the width & lighting and flag vehicle rules for your state. Also could be issues with leaving the scene of an accident, tho with a large vehicle and no one hurt, one would want to get off of such a dangerous area to keep from causing more acciedents.
That doesn't absolve the car driver for driving so wrecklessly (in the eyes of the law) from being at fault for not having control of her vehicle.
If the speed limit was 45 mph to begin with, one shouldn't be losing control of a vehicle for going onto the shoulder. That could indicate the state itself is at fault, if the car driver wasn't speeding (hmmm????) and not maintaining the road properly.
In short, if one wants to blame someone legally, there are many possiblities and many lawyers can get rich coming to a legal decision.
As to who actually is at fault, one would need to be there to see what happened; sounds like the car driver may have been traveling too fast or not attentive enough for the situation, and the tractor driver might have set up an issue. We only have 'hersay' to figure out which one was 'more' or 'totally' at fault, so we wouldn't know. With what is presented, it would seem pretty clear the gal in the car is partially or more at falt for not maintaining control of her vehicle.
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