Posted by Paul N Texas on November 28, 2010 at 08:38:25 from (69.5.209.149):
In Reply to: Accident question posted by John S-B on November 28, 2010 at 08:08:30:
Not knowing Ohio's laws in regards to farming, I really can't answer that one. The farm equipment was a "Non-Contact" vehicle. As Eric said, he may be guilty of driving Left Of Center, but again I'm not sure of laws there, and how they relate to various State roads and who has the Right of Way. In Texas, on 99% of the Farm to Market and Ranch to Market Roads, the farmers and ranchers have the ROW. If cattle get out, they can be called to pen them, but they don't always come out. If you hit one of their animals, you are at fault. These are asphalt roads maintained by the State, and set up for moving produce and livestock to and from market, hence the names. There are a few of them that are not "exempt", but they are in major metro areas, which once were mostly farm or ranch property. Equipment used by farmers and ranchers also are not usually at fault, as long as the have the required safety equipment on the equipment. My son bought a brand new Chevy 1 ton Dualie, and had been here to visit. As he was getting ready to leave, I told him to take the main highways and stay off the FM roads. He didn't... He hit a LARGE Black bull. his 2 week old truck had several thousand dollars of damage to it. He and his bride were OK though. His Mom who is in a law firm in Austin was going to sue on behalf of our son. I told her she couldn't, but she did a bunch of work and research anyway. She discovered her ex-husband the Cop was right again..... Walt's insurance paid for everything though, and his truck was good as new. Now, a civil suit on the other hand up there might be viable to recover losses if they can find the driver or owner of the equipment, just not here....
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