Posted by MarkB_MI on November 28, 2010 at 17:32:01 from (166.203.145.198):
In Reply to: Accident question posted by John S-B on November 28, 2010 at 08:08:30:
There's two different things you may be mixing here: who was "at fault" for the accident, and who is liable for the damages. I wouldn't be surprised if both the tractor driver and your friend were ticketed. She was probably going too fast for the conditions, and I'm fairly sure that farm equipment isn't exempt from staying on the right-hand side of the road. (Although that rule is routinely ignored.)
But even if nobody was ticketed, you can be certain that the insurance company for the SUV will go after both your friend and the tractor owner. Likewise your friend's insurance company may try to collect from the tractor owner's insurance.
We had an incident a while back here in Michigan where a motorist caused an accident that resulted in a fuel tanker fire. The tanker fire in turn destroyed a brand-new 3 million dollar bridge. The state not only went after the owner of the car and the owner of the tanker, they also tried to collect damages from the owner of a second truck that wasn't involved in the collision at all but just happened to be there when it happened. The driver of the second truck had been widely credited with avoiding a much worse collision through his skillful driving.
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