Neighbor Tractor Accident

[ovrszd]

Update from my sister who took the pictures I posted. Neighbor had pulled out of his driveway and was driving 100 yards down the road and turning right into his storage field. Truck, for some reason, swung right into the ditch and hit the tractor which was already on the drive into the field. Unknown whether trucker saw a vehicle coming from the other direction and swung into the ditch to avoid a head-on. Both drivers were in shock at the time. Neighbor only remembers going out to get 2 bales for his animals and being banged around in the cab. Sister knows tracks of truck going through ditch to point of collision on the drive into the field. Neighbor is physically okay but mentally in a turmoil. It appears he was in the right, the truck driver was driving too fast, but yet he is 91 years old and the DOT had already misinterpreted the accident when my sister arrived. They assumed he had turned left in front of the truck. My sister pointed out the driveway where he had entered the highway, the distance he had driven, and the right turn he had made never crossing the opposite driving lane.

Thanks for the update. Totally different scenario.

Once the truck driver had made the error of approaching the tractor at too fast of speed, he did the right thing and tried to miss the tractor. Would have been much worse had he not. I'm guessing when this course of action was determined the tractor hadn't committed to the turn yet. Truck driver thought he could avoid hitting the tractor in the rear end by shooting past him on the right.

Bad situation. Very good end results.

 

[MossRoad]

Update from my sister who took the pictures I posted. Neighbor had pulled out of his driveway and was driving 100 yards down the road and turning right into his storage field. Truck, for some reason, swung right into the ditch and hit the tractor which was already on the drive into the field. Unknown whether trucker saw a vehicle coming from the other direction and swung into the ditch to avoid a head-on. Both drivers were in shock at the time. Neighbor only remembers going out to get 2 bales for his animals and being banged around in the cab. Sister knows tracks of truck going through ditch to point of collision on the drive into the field. Neighbor is physically okay but mentally in a turmoil. It appears he was in the right, the truck driver was driving too fast, but yet he is 91 years old and the DOT had already misinterpreted the accident when my sister arrived. They assumed he had turned left in front of the truck. My sister pointed out the driveway where he had entered the highway, the distance he had driven, and the right turn he had made never crossing the opposite driving lane.

Good thing your sister arrived and straightened things out, or the old guy might have been held responsible. Anyhow, glad they aren't physically injured. Could have been much worse.

 

[Rustyiron]

DANG, I thought that I had another reasonable argument to myself not to have a cab tractor, with those dangerous fogged up windows.:laughing:

 

[LouNY]

Nope, but I do have to run the AC if I'm in the tractor for a few hours or the windows will fog up.
Terrible the things I'll do to stay comfortable. :laughing:

 

[Threepoint]

What is Indiana's definition of a motor vehicle in regards to this law?

Not a farm tractor, an implement of agriculture designed to be operated primarily in a farm field or on farm premises, or an electric personal assistive mobility device:

IC 9-13-2-105"Motor vehicle"
Sec. 105. (a) "Motor vehicle" means, except as otherwise provided in this section, a vehicle that is self-propelled. The term does not include a farm tractor, an implement of agriculture designed to be operated primarily in a farm field or on farm premises, or an electric personal assistive mobility device.
(b) "Motor vehicle", for purposes of IC 9-21, means:
(1) a vehicle that is self-propelled; or
(2) a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
(c) "Motor vehicle", for purposes of IC 9-32, includes a semitrailer, trailer, or recreational vehicle.

Aaron Z

Aaron, Hmm. I interpret the statute that you quote differently. Para (b) of IC 9-13-2-105 c expressly expands the definition of "motor vehicle" to include "a vehicle that is self-propelled" for purposes of IC 9-21, which is the section MossRoad cited.

I think it's pretty clear that tractors, as well as an "electric personal assistive mobility device" (whatever that is) would be required to pull to the right if three vehicles are backed up. No?

 

[MossRoad]

Jazzy scooter, hoveround, etc... with a 3pt hitch.

 

[goeduck]

I think the farm vehicles ought to have as much safety gear as is reasonable, that said truckers and autos need to get off their phones, get their heads into what they are doing and look for possible farm vehicles driving slowly and making RIGHT turns on country roads. This trucker sounds to be the problem.

MHarryE,
How did the initial report get to be so wrong, was it the cop’s version after talking to the trucker? Thank God for your sister!

 

[aczlan]

Aaron, Hmm. I interpret the statute that you quote differently. Para (b) of IC 9-13-2-105 c expressly expands the definition of "motor vehicle" to include "a vehicle that is self-propelled" for purposes of IC 9-21, which is the section MossRoad cited.
I think it's pretty clear that tractors, as well as an "electric personal assistive mobility device" (whatever that is) would be required to pull to the right if three vehicles are backed up. No?

I had missed that section C expanded the definition for 9-21, you would appear to be correct.
Regarding section IC 9-21-5-7, it says that the slow vehicle "shall give right-of-way to the other vehicles by pulling off to the right of the right lane at the earliest reasonable opportunity and allowing the blocked vehicles to pass"
If one had a creative lawyer (and cooperative terrain) it could be argued that wasn't a place where you one could safely pull off to the right due to the width of your load, oncoming traffic, a shoulder that was too narrow, the dropoff from the paved shoulder to the gravel and/or a curve that obstructed the view of oncoming traffic making it dangerous (and as such, not reasonable) to pull off to the right.


Aaron Z

 

[ovrszd]

In my area very, very few State roads have a shoulder that's useable. Maybe 10%.

 

[MossRoad]

I had missed that section C expanded the definition for 9-21, you would appear to be correct.
Regarding section IC 9-21-5-7, it says that the slow vehicle "shall give right-of-way to the other vehicles by pulling off to the right of the right lane at the earliest reasonable opportunity and allowing the blocked vehicles to pass"
If one had a creative lawyer (and cooperative terrain) it could be argued that wasn't a place where you one could safely pull off to the right due to the width of your load, oncoming traffic, a shoulder that was too narrow, the dropoff from the paved shoulder to the gravel and/or a curve that obstructed the view of oncoming traffic making it dangerous (and as such, not reasonable) to pull off to the right.


Aaron Z

The way I read it, you were correct in that the farm tractor wasn't considered a "motor vehicle" in the description... but then later on it just said "vehicle", not "motor vehicle", and I'd bet there could be some more creative interpretation of the wording in that one, too. :laughing:

Anyhow, around here, its always been construed to mean anyone in anything driving on the road and holding up traffic to the tune of 3 or more vehicles behind you, is supposed to pull over at the first safe place and let the faster traffic pass before continuing on their way.

That would be hard to find a safe place to pull over with the size of some of these harvesting machines, as some are wider than the lane and most of the shoulder combined.... combined... combine. That's a joke son. Do you get it? Combine. Farm equipment. My apologies to Foghorn Leghorn.

It's also just recently become law in Indiana that on a highway with more than one lane in a direction, slower cars have to move out of the left lane and let faster traffic pass, and here's the kicker, no matter how fast they are going! So if the speed limit is 55 and you're in the left lane going 65 and some guy comes up behind you going 66, you have to, by law, pull to the right and let him pass at the first safe opportunity. Only exceptions are, as I recall, if you're going to be turning left soon, or inclimate weather. I love this law. Where's the heart shaped emoji? Cloud 9 will do.
:cloud9: