Tractors play a major role in our world. Farmers rely on them to bring food to our tables, and many people use them to mow their lawns. They are so ubiquitous that it is easy to forget tractors are large, powerful machines capable of causing injuries or death.
If you have been in a tractor accident, you may have sustained serious injuries. Medical bills can add up, and you may be unable to work. If your tractor was involved in the incident, you may have suffered major property damage. A Fort Wayne tractor accident lawyer can help.
At Vaughan & Vaughan, our Fort Wayne personal injury lawyers have recovered over $25 million in awards and settlements for people in need. Contact us today and find out how we can help you begin to put your life back together.
Common Types of Tractor Accidents
Tractor accidents can occur in as many ways as you can imagine. However, several common types of accidents occur most often. These include:
Rollovers
Rollovers and tip-overs are the most common types of tractor accidents by a wide margin. Tractors can roll because of uneven ground, due to excessive speed, when hitting unexpected holes in the road, or due to malfunctioning hitches or unevenly distributed loads.
Runovers
Pedestrians can become accident victims when struck and run over by tractors. This can often occur at low speeds due to inattentiveness. In some cases, the operator may fall from the driver’s seat and be run over.
Collisions
While tractors don’t generally move at high rates of speed compared to cars and trucks, they can move quickly enough to cause injuries should they collide with a tree, rock, or stone wall. In some cases, tractors driven on roadways may be struck by cars.
Machinery Entanglements
Fingers, hands, or shirt sleeves may become entangled in moving parts or blades, causing horrific injuries. This can happen with farming machines, but it is also a danger for homeowners who operate small riding mowers.
Your Case Will Get
The Attention It Deserves
What Should You Do After a Tractor Accident?
Unraveling the events before and during a tractor accident can get confusing, especially if you have been seriously injured. It is essential to contact an attorney as soon as possible. A skilled tractor accident attorney in Fort Wayne can help you better understand your situation.
One of the first things your attorney will do is listen to your story and try to determine who was at fault. It is important to realize that you aren’t necessarily responsible simply because you were operating the tractor.
Your attorney can review the circumstances and determine whether you have a personal injury case. If we feel confident that you do and you wish to work with us, we will begin investigating the specifics of your case and determining a fair compensation amount.
There is no fee
unless you win
Determining Liability in Tractor Accidents
If you have been injured in a tractor accident, your Fort Wayne tractor accident attorney will attempt to establish the liable party or parties.
Some potential at-fault parties include:
The Operator
Negligence, recklessness, and excessive fatigue could make the tractor driver the negligent party. The driver may have violated safety protocols or ignored road rules or safety regulations.
In some cases, this may be as straightforward as Indiana’s laws for determining fault in a car accident.
The Employer
If the tractor driver was acting as an employee at the time of the accident, the employer may be liable for the accident. Some circumstances where this may be possible include improper training, long work shifts, and unsafe working conditions.
The Manufacturer
The manufacturer may be held liable in cases of mechanical failure or a defect in the tractor or other equipment. This could be due to bad product design, inadequate testing, or a lack of proper labeling or instructions, for example.
The Maintenance Company
If a third-party maintenance company services the tractor, it may be responsible for an accident. Tractor mechanics and service personnel must ensure that the tractors are in safe working order.
The State or Local Government
In some cases, a badly maintained road could cause a tractor to tip or roll over, and the government entity responsible for the road could be held accountable.
Property Owners
Property owners could be held liable for unsafe conditions in some cases. However, depending on the reason the tractor accident occurred on the owner’s property, this may be more difficult to prove.
Comparative Negligence in Indiana
Indiana uses a comparative negligence system to determine liability in personal injury cases. You may recover compensation based on your level of responsibility for the accident. But, if it is decided you are more than 50% liable, you may not receive any compensation.
This can get complicated in cases such as tractor accidents, where it may not be clear who caused the accident or what role you played. Your attorney can help you understand your rights under Indiana law.
Get Help from a Tractor Accident Lawyer in Fort Wayne
If you have been injured in a tractor accident, you know the damage they can cause. Mounting medical bills, lost wages, and tremendous hardship for you and your family can make you feel like there is no hope.
Unfortunately, no one can turn back time to a place before the accident occurred. A tractor accident attorney in Fort Wayne can do the next best thing. We can help you understand your rights and fight for the compensation you deserve so you can begin to reclaim your life.
At Vaughan & Vaughan, our attorneys and staff are here to help you recover and get back on track. Since 1913, our firm has fought for people like you. Contact us today and find out what we can do for you.
