Posted by John T Country Lawyer on November 28, 2010 at 11:12:43 from (66.244.97.31):
In Reply to: Accident question posted by John S-B on November 28, 2010 at 08:08:30:
John, I try to give the best free unresearched advise I can here, but your question simply CAN NOT be answered here on the net (sure you can get plenty of "opinions", lay or professional) by lay persons or attorneys. The law of torts is very complicated and different states have different laws.
1) Some states have legal doctrines such as Comparative Fault i.e. the farmer may bear some liability and the car driver may, likewise, bear some degree, how much each ONLY A COURT CAN LEGALLY DECIDE (NO ONE here) after hearing evidence, determining facts and applying that states laws to the facts as determined.
2) Some states have a legal doctrine of "Last Clear Chance" which means something like if a driver had a clear last chance of avoiding ther accident (had they operated in a safe and reasonable manner) even if the other driver was otherwise at fault or in violation of certain traffic laws, that driver bears some degree of liability. Several fact findings have to be made there, by a jury NONE of us here.
CRUCIAL FACTS which are relevant; How far over left was the farmer??????? (way over or just a foot makes a hugeeeeeeeeee legal difference). Could the car driver have avoided the accident using reasonable care UNDER THE CIRCUMSTANCES.......Was the car dfiver operating at safe speed UNDER THE CIRCUMSTANCES........Could the car driver had avoided the accident EVEN IF the farmer was left of center..... PLUS PLENTY MORE FACTS WHICH WE DONT KNOW NOR CAN WE DECIDE, THE LAW REQUIRES A COURT TO DO THAT NONE OF US HERE ARE QUALIFIED.
SOOOOOOOOOOO the correct answer here can only be MAYBE as there are far too may variables and unknowns and facts must be determined and those facts applied to the laws of the state.
MY BEST FREE LEGAL PROFESSIONAL ADVICE IS TO CONSULT A LOCAL ATTORNEY WHO PRACTICES TORT LAW as no opinions here pull much weight in a Court and this is too serious of a matter to hang your hat on tractor chat board advice.
A basic Tort Doctrine: Defendant has a duty NOT to expose the Plaintiff to a reasonably forseeable risk of injury,,,,,,,Now apply that law to the facts in your state, once determined by a jury NOW THERES THE ANSWER YOU ASKED FOR
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