Who's responsible?

[cowsrus]

My son who is 35 and an experienced driver was driving a county road just after dusk. Dark enough he had his headlamps on, when came up on a tractor driving without lights. He swerved to miss it and his rear quarter panel caught the axle of the tractor ripping it pretty bad. Who is liable in a situation like this? I know that I would never drive a tractor after dark myself without lights or at least someone following me with blinking lights.

 

[alabama]

I am just glad no one got hurt.

 

[larryshoat]

I would say the tractor for not having lights but, you know how the law can be.
Glad no injuries!
Good luck.

Larry

 

[cowsrus]

Yes.you're right, thank God no injuries, could have been a real disaster.

 

[KenB]

My son who is 35 and an experienced driver was driving a county road just after dusk. Dark enough he had his headlamps on, when came up on a tractor driving without lights. He swerved to miss it and his rear quarter panel caught the axle of the tractor ripping it pretty bad. Who is liable in a situation like this? I know that I would never drive a tractor after dark myself without lights or at least someone following me with blinking lights.

I realize the tractor should have had lights on, but if your son couldn't see him with his lights he was driving to fast.
What if it was a stalled car or something else in or on the road.
So I think both would be at fault.

 

[ffamom]

Did it have a SMV sign, triangle? Was it on a FM road? Friend was hit when he was pulling a disc and the driver of the vehicle was liable. I don't know in your particular situation.

 

[Alice]

No one is gonna be pleased with whatever answer comes up. That's what car insurance is for. Let the blasted insurance companies duke it out.

Alice

 

[VanC]

Not knowing exactly what happened, the best I can do is say that in most accidents, both parties are usually at fault to some degree.

 

[GMN]

Wasn't the DOT called in? I'm sure they can come up with who was to blame, and write em up and fine em at the same time.

GMN

 

[Caustic Burno]

Did it have a SMV sign, triangle? Was it on a FM road? Friend was hit when he was pulling a disc and the driver of the vehicle was liable. I don't know in your particular situation.

Your right in Texas depends a lot on what road your on if it was a FM or county the driver of the vehicle is at fault. State hwy a whole nuther story.

 

[dun]

Whichever one got the ticket from the cops.

 

[Calman]

Sounds like to me both were at fault. But I think the investigating official would determin who's responsibile. Then if it goes that far the judge will have the final say.
Just glad no one was hurt.
I will say no way would I operate a tractor on a public road after dark with no lighting.

Cal

 

[Caustic Burno]

Sounds like to me both were at fault. But I think the investigating official would determin who's responsibile. Then if it goes that far the judge will have the final say.
Just glad no one was hurt.
I will say no way would I operate a tractor on a public road after dark with no lighting.

Cal

Also could have got one of those stories like I used to get, but Dad I was only doing 30 and you dang well know they were doing 50 or 60 at least. I have several of those parent T-shirts when amazing mishaps happen, I didn't raise any angels and wasn't born last night.