Tractors on the road and liability

[Robert_in_NY]

Well, here in New York if you cause an accident while on the road you are liable. Ways you will be liable for causing an accident would be running down the shoulder of the road but still being on the road a bit forcing cars to cross the center line. Turning into the lane of an oncoming car, not having an SMV or proper lighting...basically, if you operate on the road you need to either be completely in the lane or completely on the shoulder. There is no inbetween. If you are in the lane completely and someone passes you and causes an accident they are liable because they were in the wrong lane.

If you do plan on roading your tractor and you are too wide for the shoulder stay in your lane until you have a safe spot to pull over without damaging your equipment or anyones property. If you try to ride the shoulder people will cross the center line and force the oncoming cars onto the other shoulder. When I first started roading equipment a lot I tried to be nice and stay over to the side as much as possible. I had more people get run off onto the shoulder and I was almost hit quite a few times as cars cut back into the lane because of oncoming cars. However, when I started staying in the lane people had to slow down and pass me when it was safe. I still get that one extra vehicle who just has to pass and will force an oncoming car onto the shoulder but nothing near as bad as when I skirted the shoulder being "nice".

I learned that you can not rely on other drivers being smart when you are out there with a tractor. You actually have to chaperone them and allow them to pass when it is safe so if there is a lot of traffic then you pull over when it is safe for them and you. If it isn't safe for you then they will have to drive slow for a few extra minute.

Hopefully I made that clear, if you are properly in your lane you are safe for the most part. If you are partially in the lane you are going to be liable for any accidents caused by other cars (well, at least in New York)

 

[Soundguy]

he'd be liable, because he's not supposed to be on it.

Thanks

I can't speak for where you live.. but where i live.. I'm allowed to be on my tractor.. on the road if it is not an interstate or freeway, and i have a SMV plaque, and I'm going less than 24mph.. there's a yearly milage limit if I'm running red diesel.. no limit on clear..

Tractors equipped with headlamps and flashers should use them.

As for insurance.. check your homeowners policy.

If your tractor is used on your land and not comercially.. it may be covered under the liability section there... I have 2 pastures, seperated by 4 miles of road.. my homeowners insurance cover me as long as I'm not going to do something commercial..

Check your auto insurance too.. some have clauses for 'any owned vehicle'.. etc.. at least for the liability part..

soundguy

 

[horse7]

You should verify insurance coverage-- even a small policy or rider if the homeowners doesn't cover roading.

If there is an accident, and it is their fault, they won't get paid by their own insurance company (if they have one). Then they get a huge repair/medical bill. Then they remember the scum lawyer ads in the phone book.

Then you get calls/registered letters from said scum lawyer looking for money (it does not matter to them if they don't have a foot to stand on, letters are cheap, you might pay something and that is a huge profit for them sending one letter and talking to the "victim" for 1/2 hour). If there was an insurance company involved, you just say: call my insurance company and talk to their lawyer and stop bugging me.

I know of a couple of people who had air tight "not my fault" cases, and still the scum tried to squeeze out money.... they weren't tractor related, but that won't matter. And you definitely will sleep better if you can refer inquiries to someone else and not agonize over "what ifs". [not only that, but don't even answer any questions-- the innocent sounding answers can come back to bite you, especially out of context-- nothing personal, we just want your money.] Trial lawyer infestations have been reported nationwide now... worse than kudzu, zebra mussels, and HIV all rolled into one!

 

[RayCo]

Thanks to everyone for the feedback. The first step is to talk the person in question into just inquiring about any insurance at all. I don't know about y'all, but the day my tractor was delivered, I called and had it insured for replacement value immediately. This person in question has a much more valuable machine (Case 580) and says, "If I roll it, I hope I die with it."

 

[Builder]

What's the story with driving a tractor on the road and the liability issue if you're in a collision? Say you're driving a Case 580 on the road you live on, and someone rear-ends you. Who's liable? Does this vary by state? Does it depend on the type of ownership of the machine (business vs. personal use)? Does this vary by state? County? Or, I guess the best question is where would I go to find out the definitive answers? My state police?

The situation in mind is my father-in-law sometimes comes up to my house with his Case 580. He's not in construction or anything; he just has it to do stuff around the house. Our property is connected, so he's now coming up to my house via the woods instead of the road, and this is because he believes that in an accident on the road, he'd be liable, because he's not supposed to be on it. I see backhoes and things on the road all the time. So, what's the deal?

Thanks

Well, I'm in that exact situation. I live in PA and have a Case 580 and I drive it over the roads to local jobs monthly (usually within 5 miles). Anything more and I'd have Knox equip. move it for me for $95/hr on their lowboy. I believe it's worth the risk because it would cost a small fortune to register my 580. The reason is since it was bought out of state, no tax was required. If I register it, I would have to declare a purchase price. Let's say I paid $55,000 at 6% that would be $3,300. That's a big chunk to pay for a license plate and a registration card. I guess I could declare a lower purchase price, but then you're not being truthful, which I'd rather not do. Buying a 12 ton trailer to move my 580 would cost $8,000 and is a real hassle to store, so it would be cheaper than a trailer for sure.

I have a cop friend and he gave me some "practical" advice. He said that cops generally don't care if you "road" machinery as long as you don't do it during rush hour holding up huge lines of traffic or take to the big highways. Best to wait until traffic is lighter on back roads. SMV emblem & flashers are a must. However, driving a non-registered vehicle over the road is technically not legal and there is a small fine for it. I believe ~$150. If you get into an accident with a non-registered vehicle, the problems get much worse. You are liable and probably would have no coverage, so check with your insurance agent. He told me that it would be my fault no matter what.

I don't know if all that is true, but I've been roading machinery maybe once a month for about 20 years with no problems.

 

[JDeerekid]

I have alway been told that farm equipement/tractors have more right to be on the road than any other motor vehicle as long as you are not on a highway at least in my neck of the woods. I am not sure about registering it though. I know you sould have the proper insurances also. Tractor and equipement need SMV signs and if it has lights and flasher they must be on.

 

[amigauser]

No registration required in Connecticut.

I would definately make sure I had a SMV sign on the rear along with flashers and at least liability insurance coverage.

DOAG: Connecticut Motor Vehicle Farm License Plates

Farm Tractors
Registration of farm (agricultural) tractors and self-propelled agricultural equipment is not required. Farm tractors and self-propelled agricultural equipment may not be used on public roads for transporting good for hire (transporting products of others for pay or for other commercial purposes. When operating on a public road at speeds less than the posted speed limit, the driver of a farm tractor or self-propelled agricultural equipment must yield to vehicles approaching from behind. Farm tractors and self-propelled agricultural equipment not designed or employed in general highway transportation are not permitted on limited access highways.

 

[schmism]

I would ask my tractor insurance company?

tractor is insured by my homeowners.

In IL you must be within a certian distance from the property you own, with an SMV sign.

if thats true, then like most other rear end accidents, the person at the back is "at fault"

 

[RayCo]

tractor is insured by my homeowners.

In IL you must be within a certian distance from the property you own, with an SMV sign.

It sounds like a call to the insurance company is required here. My F-I-L drives about 1/4 mile up the road to get to my house. It'd be nice if there's a proximity-liability deal with some ordinary insurance. Of course, he doesn't have the machine insured at all right now anyway...

 

[RayCo]

Well, I'm in that exact situation. I live in PA and have a Case 580 and I drive it over the roads to local jobs monthly (usually within 5 miles). ..........

Great post. Thanks Builder!