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Tractor hits jeep


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#1 RuralZone

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Posted 18 October 2012 - 03:47 AM

I was follwing a line of cars that were following a farm tractor pulling a wagon. the 5 cars in front of me passed the tractor successfully on a rural state route 58 in ashland, ohio. my turn was next, there were all indications that passing was not illegal, and safe to pass; nosolid lines in road, no oncoming traffic, the car in front of me passed successfully and cleared the tractor. tractor was travelling at approx. 20 mph, had no lights, no flashers, no slow moving vehicle sign, no indications that he was going to turn left, no hand or arm signals, as well as the tractor driver did not look to his left before turning into me as I was passing, nor did the tractor ever slow down to make the turn. tractor driver was in an open cab with full visibility.
I drive a farm-tractor and know full well that you need to look on all four sides before making any maneuver on the highways.
As I was passing in an unmarked area, that indicated there was not a crossroads (county township road and state rt.) the tractor abruptly turned into my rear quarter panel, spun the bright red jeep around, causing $5K damages to the jeep.
In my report to the State Hgwy Patrol, I wrote that there was NO indication of the tractor driver turning left, visibility was good weathere wise, but the rural sideroad could not be seen when I started to pass, as well as a bush on the corner of the intersection and a slight bump in the road that completely obliterated the fact that there was a road there, let alone the tractor driver would turn left.
As I started to pass, I kept my eye on the front tire of the very large farm tractor until I could see the tractor driver, that gave no indication he was turning left., again, no signals, not even a hand signal. there was a car behind me that started to pass, witnessing the entire event, and agrees that the tractor driver, made a sudden move with NO indication of slowing or turning.
I was already passed the driver and the front of the tractor, as well as when I visualized the tractor driver, he was looking straight, a further indication he was not turning left.
The tractor driver, as if an after thought, suddenly turned left into the rear of the bright red jeep.
There is no way he could have missed the bright red jeep if he would have only looked to the left, also, it was an area where many cars were passing him.
Originally the officer called it a 'No fault' accident. I was moderately hurt with neck pain and the tractor driver came over to me in the car and said. " what were you doing passing at an intersection?' no mention if I was hurt or not.
Two weeks later the officer shows up at my door and issues a ticket for $104.00, explaining that in ohio, one cannot pass within 100 feet of an intersection. He further explained that he didn't think the ticket was fair and suggested to take it up with the Judge at traffic court. When I asked the officer regarding tractor turn signals, he claimed that they werent required."
My concern is that the road was not marked, the highway had no solid yellow lines, the tractor had no signals, flashers or anything.
There were two subsequent tractors about 1 minute after the incident, that were turning left onto the same township road., BOTH tractor drivers, completely stopped, got off their seats and looked around their grain wagon to see if any traffic was coming, before they turned left. neither of the second set of tractors had any flashers, turn signals.
my question is regarding proper turn signals or any type of turning indications with farm machinery, not just turn and plow into people.
Thank you, I would appreciate any information.

#2 adjusterjack

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Posted 19 October 2012 - 06:46 AM

Here's the problem.

If you WERE within 100' of the intersection, then you are at fault because you were where you weren't supposed to be and not expected to be.

Whether you were 100% at fault is up to a judge or jury to determine but you will have to sue the tractor driver to get to that point.

His insurance company is not your insurance company and owes you nothing until a court of law says so and how much.

What other tractor drivers do is irrelevant.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 FindLaw_Amir

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Posted 19 October 2012 - 11:46 AM

To learn more about contesting a traffic ticket, you may wish to visit the Traffic Law Center: Traffic Tickets and read How to Fight a Ticket as a good resource.
FindLaw's Legal Heads-Up! newsletter can provide you with the legal resources you need to make informed decisions when law touches aspects of your everyday life.

#4 pg1067

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Posted 19 October 2012 - 12:16 PM

Good grief, that's a LONG explanation. Anyway....


Two weeks later the officer shows up at my door and issues a ticket for $104.00, explaining that in ohio, one cannot pass within 100 feet of an intersection. He further explained that he didn't think the ticket was fair


So, why did he issue it?


my question is regarding proper turn signals or any type of turning indications with farm machinery, not just turn and plow into people.


This isn't terribly coherent. In terms of your ticket, fight it and tell your story to the judge. Maybe the cop won't show up and the court will dismiss the case (although the court could just continue the hearing). In terms of damage to your vehicle, if you had collision insurance, I'd deal with this through your insurer. If not, you'll have to sue the tractor driver.

#5 RuralZone

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Posted 26 October 2012 - 06:38 PM

Thanks Platinum, good info. you ask why the state patrol issued a ticket several weeks later? he did not want to issue the ticket but was "told to" by an "independent quality assurance review team". he saw the situation and actually agreed with me that the tractor driver was wrong, but the young tractor driver ran to him first and claimed passing at an intersection. but again, the intersection cannot be seen. and my care was past the intersection and the tractor driver. its as if he missed the road and had an after thought regarding turning when you look at the skid marks. I will have pictures! thanks for the links!




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