Posted by Paul N Texas on November 28, 2010 at 12:07:33 from (69.5.209.149):
In Reply to: Re: Accident question posted by pkurilecz on November 28, 2010 at 09:08:29:
Not sure when this law was changed about Texas, but I will look into it. Last I had been updated, we did not ticket farmers/ranchers, and they had ROW on the FM and RM roads. They still must exercise due diligence, as anyone else would, by not intensionally causing injury or destruction, as they would any place else. I know many farmers are afraid someone will try to get them in court over the livestock, and they have to pay out for an attorney, and decline ownership if they can. Have not been witness in court to any who tried to recover damages for the loss of livestock though. The Constables are the one's who are "supposed" to take the livestock calls, and many do. The S.O. also is tasked with it, but try to pass it off to a Constable whether he is full time or part time. We had a tractor crossing the Brazos River with a large tandem disc on back, and took up the entire roadway on the bridge. A car traveling the opposite direction passed 5 cars, tried to swerve to miss the tractor, hit the side of the bridge and bounced into the disc, killing the driver in the car. The tractor operator was not ticketed, even though he was in both lanes. He had his flashing amber lights on, and had a truck behind him with flashers on. The wife of the fatality, came back, and tried to sue everyone involved down to the manufacturer of the tires and hoses on the disc. She got NOTHING, and this was on U.S. 79. Unless DPS has started telling the Troops to ticket them (I would think under an admin order), I am not familiar with ticketing the farmers and ranchers on FM/RM roads here. I've spent over 25 years so far as a Texas Peace Officer... But I could be wrong, gonna check.
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