Page 1 of 10 1234 ... LastLast
Results 1 to 10 of 99
  1. #1
    Super Star Member LD1's Avatar
    Join Date
    Apr 2008
    Posts
    10,609
    Location
    Central Ohio
    Tractor
    Kubota l3400

    Default Kubota RTV and CAR Accident.

    My brother was in an accident this morning with a car while he was driving his RTV to work. He is fine and the other guy is fine just two damaged vehichles and I would like some opinions and advice on what he should do.

    Background info:
    We live in Ohio. He is legally blind and has been riding a under 50cc moped two miles to his work for the last several years as he can never get a license due to his vision. This summer he decided he wanted something a little warmer. After much research we determined that the RTV's, if equiped with signals, flasher, lights, SMV sign, were in fact road legal. So he got a RTV 500 with cab and heater and the works for about 14000.

    The accident:
    On his way to work this morning, he signaled for the left hand turn into the school where he works and proceeded with his turn when he was struck by a car trying to pass him. (think god he was not still riding the moped).

    The principal of the school came out and just suggested swapping insurance info but then it started turning into a "he said she said" as to who was at fault so they called the highway patrol.

    The part that I need advice on is that they sited my brother. The other driver claimed my brother signaled too late but knowing my brother he always signals way too soon. The cop based the sitation on 3 reasons
    1. He said that with the flashers on, when you turn the signals on it is very difficult to see the signal.
    2. SMV signs allow drivers to pass anywhere, even on a double yellow
    3. My brother struck the other car in the passenger door area, instead of being t-boned, which means that the car was already beside him.

    He has the kubota insurance, which only covers the RTV after the $500 deductible and his grange ins only covers offroad mishaps, NOT onroad. He has not contacted grange yet as they weren't open yet.

    So do you guys think he was fairly sited or should we seek legal advice???

    I just spoke to my dad and I told him this could have happened to any of us, not just him in the RTV. I personally know that I rarely look behind me when I am making a left turn. So if some ***hole tries passing me is it my fault if I hit his door instead of being t-boned???

    On a couple of positive notes
    1. The officer never said anything about the rtv not being road leagal and didn't say anything about him not having a license.
    2. The rtv are vert stout and stable. It skidded him around a bunch but never rolled/flipped. It just messed up the brush guard and tweaked something that doesn't allow the door toclose tight.

    Thanks in advance
    ".........there is only one way to find out."
    "Ok, hold my beer and watch this.........."


    Ford 5500 Backhoe
    Kubota L3400GST W/LA463 FEL
    2005 Dodge 3500 4x4 Diesel
    8N Rebuilt and restored
    Bushhog 306
    3 Homemade wood hauling trailers
    Dolmar 6400 84cc ported
    Sachs-Dolmar 120SI Ported
    (4) Sachs-Dolmar 116SI Ported
    Dolmar PS540
    Sachs-Dolmar 115i
    Sachs-Dolmar 117
    Sachs-Dolmar 112

  2. #2
    Gold Member
    Join Date
    Sep 2002
    Posts
    488
    Location
    Ft. Worth, Tx
    Tractor
    access to our whole Kubota fleet

    Default Re: Kubota RTV and CAR Accident.

    First of all let me say that we are glad to hear that your brother is ok. The kubota KTAC insurance deductable is $250.00 not $500.00 so that should be helpful. I would think that with the turn signals on, the car driver would be sighted for not yielding to the RTV. Of course, the flashers and turn signals work differently than on a car, one side flashes and the other side stays on, so maybe that confused the driver. I'm surprised that nothing was mentioned about the RTV being street legal, in Texas they are working hard to keep them from being operated on the streets by not issuing registrations for the RTV now.

  3. #3
    Veteran Member Dutch445's Avatar
    Join Date
    Aug 2001
    Posts
    2,255
    Location
    Upstate NY
    Tractor
    JD X585

    Default Re: Kubota RTV and CAR Accident.

    Glad he's ok, sounds like the RTV held up well.


    the part that's not making sense here is if he
    isn't able to get a driver's license from the
    state, what makes it ok to drive an atv/utv
    on a public road? thank god nobody was killed,
    but he is taking on a huge liability driving on a public
    highway without a license on a daily basis. it's one thing
    for an occasional ride down the shoulder of a road to go
    to the field to put in fence post, but another to be
    operating in traffic in an urban setting. what if there were
    school children crossing that he didn't see and he hit one?

    sorry to be a downer here, but this doesn't seem rational.
    and yes,, if he hit the vehicle in the door, he should have
    been cited. he didn't (or couldn't) notice other vehicles
    operating around him. and he was operating an atv with SMV signs and flashers. does Ohio allow registration/license plates on vehicles
    like this? if so, do they also require liability insurance?

  4. #4
    Super Star Member LD1's Avatar
    Join Date
    Apr 2008
    Posts
    10,609
    Location
    Central Ohio
    Tractor
    Kubota l3400

    Default Re: Kubota RTV and CAR Accident.

    From all the research we did before he purchased this rtv concluded that it is treated as a peice of farm machinery, like a tractor. And in ohio they dont need to have registered or have a license to be operated. This is far from an urban setting. We are out in this sticks. It is not uncommon around here to see 12-13 year olds driving tractors down the road to the fields for the family farm, how is this any different?

    He is visually impared but he can see. He is vision is 20/200. He is able to see people crossing the street, oncomming traffic, and the lines on the highway. This guy came from behind. Honestly, how many of us check our rear view mirror everytime we turn?

    As to the legallity of operating it on the highway, as mentioned everything we researched said it was okay, but we still wondered. The officer never mentioned anything about it so that kinda confirms that he was operating legally.
    ".........there is only one way to find out."
    "Ok, hold my beer and watch this.........."


    Ford 5500 Backhoe
    Kubota L3400GST W/LA463 FEL
    2005 Dodge 3500 4x4 Diesel
    8N Rebuilt and restored
    Bushhog 306
    3 Homemade wood hauling trailers
    Dolmar 6400 84cc ported
    Sachs-Dolmar 120SI Ported
    (4) Sachs-Dolmar 116SI Ported
    Dolmar PS540
    Sachs-Dolmar 115i
    Sachs-Dolmar 117
    Sachs-Dolmar 112

  5. #5
    Elite Member
    Join Date
    Apr 2009
    Posts
    3,202
    Location
    adirondacks

    Default Re: Kubota RTV and CAR Accident.

    Sounds like your brother is at fault. 1st, you wrote he can not legally drive a vehicle. 2nd, you said he is driving an RTV which is treated like a tractor or such, so yes he should have looked before turning. 3rd he hit the door on the car so that means the car was allready there, he should not have turned. Did he have mirrors?

    Sorry to be blunt but he may even be open for a law suit . IMO it would probably be in his best interest to settle and be nice about it. This may be a can of worms your family doesn't want to open???? Just because a 12-13yr old does it does not make it legal.

    I am gald that the accident was not worse, things could have been real bad.

  6. #6
    Super Star Member LD1's Avatar
    Join Date
    Apr 2008
    Posts
    10,609
    Location
    Central Ohio
    Tractor
    Kubota l3400

    Default Re: Kubota RTV and CAR Accident.

    I appericate all the responses so far. I still think he is going to seek advise from an attorney on what he should do. But I was also wondering about ohio revised code
    4511.27 Passing Other Vehicles - A driver must audibly signal before passing any other vehicle and then he or she may proceed to pass on the left. The vehicle being passed must give way after being signaled and must not increase speed.

    Weather he honked or not I dont know but if he didnt...?????
    ".........there is only one way to find out."
    "Ok, hold my beer and watch this.........."


    Ford 5500 Backhoe
    Kubota L3400GST W/LA463 FEL
    2005 Dodge 3500 4x4 Diesel
    8N Rebuilt and restored
    Bushhog 306
    3 Homemade wood hauling trailers
    Dolmar 6400 84cc ported
    Sachs-Dolmar 120SI Ported
    (4) Sachs-Dolmar 116SI Ported
    Dolmar PS540
    Sachs-Dolmar 115i
    Sachs-Dolmar 117
    Sachs-Dolmar 112

  7. #7
    Veteran Member Dutch445's Avatar
    Join Date
    Aug 2001
    Posts
    2,255
    Location
    Upstate NY
    Tractor
    JD X585

    Default Re: Kubota RTV and CAR Accident.

    it's difficult situation no doubt.

    maybe something we can all learn from

  8. #8
    Super Member ovrszd's Avatar
    Join Date
    May 2006
    Posts
    5,064
    Location
    Missouri
    Tractor
    Kubota M9540, Ford 3910FWD, JD2210

    Default Re: Kubota RTV and CAR Accident.

    I guess I'm confused about what the goal is here???

    He doesn't have a license so the ticket has no impact other than minor cost.

    The RTV suffered minor damage so no cost there.

    Nothing was said in regards to the damage to the car??

    Is that what this discussion is about?? Your Brother's liability in repairing the car?? And he is willing to pay a lawyer money to escape that??

    Hmmmmm,,,,, I hope he never runs into me.......
    Richard

    "Happiness isn't having everything you want, it's wanting everything you have."

  9. #9
    Epic Contributor
    R.I.P.
    jinman's Avatar
    Join Date
    Feb 2001
    Posts
    21,014
    Location
    Texas - Wise County - Sunset
    Tractor
    NHTC45D, NH LB75B, Ford Jubilee

    Default Re: Kubota RTV and CAR Accident.

    Get legal help; hire a lawyer. Any other advice here is worth what you pay for it. Asking us for legal advice is like asking us the correct procedures for brain surgery. Please listen to all the well-meaning advice and then go get a lawyer. A witness willing to sign an affidavit other than your brother or the driver would be priceless. If he drives this way everyday, then I'd even bet other people have seen him on a regular basis and know his usual procedure. They also might be helpful. Your legal counsel will advise you of their worth.

    I'm so happy that only property was damaged and your brother and the driver were not seriously injured.
    Jim


  10. #10
    Elite Member KentT's Avatar
    Join Date
    Mar 2005
    Posts
    2,648
    Location
    Sevierville, TN
    Tractor
    Power Trac PT 425

    Default Re: Kubota RTV and CAR Accident.

    You may want to check your state's Slow Moving Vehicle (SMV) laws very carefully also. Most the SMV laws that I'm aware of wouldn't allow you to drive an SMV to work on a regular basis -- just like most states won't allow you to drive a car registered as an antique to work on a DAILY basis...

    SMV laws were intended for farm and construction equipment making an occasional (not regular) trip on a public road... while antique tags are for driving to shows, meets, or the occasional Sunday afternoon drive. Neither, IMO, were intended to allow you to drive to work daily...

    If you'd check those first, you might even save yourself some $$ for a lawyer -- and find you'd be better off to just drop it -- because you don't want to go to court when you're in violation of those laws...
    Power Trac PT-425 w/numerous attachments
    Allis-Chalmers B-210 w/several attachments
    Gravely 5260 walk-behind w/two attachments
    Yamaha Rhino 450 UTV w/numerous mods
    More pictures & info about my garden tractors

Page 1 of 10 1234 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
© 2014 TractorByNet.com. TractorByNet is a registered trademark of IMC Digital Universe, Inc. Other trademarks on this page are the property of their respective owners.