Just crashed the car. A farmer exited his private land onto a public road on an agricultural vehicle. Road was completely clattered in mud. No warning signs or anything. My car slid on road and did full 360 degree spin and ended up facing wrong side of road haveing crossed oncoming lane of traffic. Hit kerb and post. Car badly damaged. I'm ok and thankfully didnt collide with another vehicle. Police attended scene said nothing they could do. Conceded road was in bad condition. I was not speeding and I have a witness who skidded also and seen my accident. I seen other cars skid. Is farmer liable. I have issued claim with my own insurance company.
Thanks
2006-10-20 09:49:44 · 15 answers · asked by K 2 in Politics & Government ➔ Law Enforcement & Police
Thanks. I took pictures on my digital camera but it is only a basic camera. I have witnesses details and passed them on to my insurance company. They said they will appoint an accident investigator.
2006-10-20 10:11:42 · update #1
Just to make it clear the farmer didnt exit his land as I was passing. He did it some time before. But tracks clearly come from his land. Look like huge tractor tracks.
2006-10-20 10:17:06 · update #2
I was thinking more along the lines that the farmer had a duty of care to make a public road safe if he caused it to be unsafe by spilling material on it.
If an oil truck spilled oil on a public road they would have a duty of care to inform statutory/public bodies and ensure road is safe. Cause and effect. The spillage on the road caused my accident.
I was only in third gear thats how I know I was travelling around 30 mph. I dont know how the vehicle lost control so dramatically. I tried to steer into skid but the tail started swinging side to side and I hit a sharp bend so tail swung round. It was actually 180 degree spin - I got mixed up. My vehicle ended up facing opposite direction on other side of road.
2006-10-20 21:28:49 · update #3
It is up to the farmer to ensure that no mud is brought on the road by the agricultural vehicles. And if he has failed to do so and also failed to give warning that the road conditions near and beyond his entrance are bad he is liable.
Make sure that you get proof of this.
Anyone else who witnesses your accident.
Other people who have had a near miss.
And perhaps more importantly photographic proof or video (not mobile phone) a proper video camera.
If all this is possible, when you contact your insurance company let them know and they will do the rest.
2006-10-20 10:03:55 · answer #1 · answered by Anonymous · 1⤊ 1⤋
Its worth clamiing just to see.
The thing is, they take so long over these claims.
On December 23 last year a woman pulled out of a slip road on to main road without looking or indicating and hit my brother's car which was travelling along the main road. My brother didn't have time to stop.
His car was totalled. My mum (who is 70) was in the car and she suffered a broken sternum and nearly spent Christmas in hospital
The woman admitted laibility to the police, and my mum has has all the medical checks etc.
But nothing has been sorted yet.
My BF is also trying to claim for a similar accident - a woman pulled out of a side road onto a main road (in heavy rain) and hit him. His car was totalled and he suffered a back injury which meant he was off work for two weeks.
This was in February this year and nothing has been done.
The silly cow in this case demanded the police be called when the accident happened. She started screaming and ranting that my BF had been "speeding" and it wasn't her fault. She later admitted responsibility.
But the case still hans't been decided yet.
I thikn you should go ahead and claim but don't be surprised if its well into next year and you still haven't had a result.
2006-10-20 12:36:11 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I am glad you are OK and no-one was injured.
I would contact your local council regarding the issue of the famer making the road unsafe. Surely he MUST have a responsibility - if he doesn't then this country is totally MAD.
The rest of it, the insurance company will deal with - infact they will probably know if the farmer could be held liable too as they are the specialists regarding insurance claims.
2006-10-22 00:04:21 · answer #3 · answered by Sally J 4 · 0⤊ 0⤋
To claim that 'mud' was to blame for the accident would be very difficult to prove - more difficult would be proving that the mud was the farmers! The defense would argue that YOU should have adapted your driving to the road conditions ...... driving past farming land (with road access) in wet conditions.
Sadly, I'd say that you were stuck with the blame ....... unless you are oreoared to waste a whole stack syack of cash in the courts to possibly lose at the end of it.
2006-10-20 10:01:50 · answer #4 · answered by nickthesurfer 4 · 2⤊ 0⤋
no, it is a accident and actually you are lucky, in many areas you would have recieved a ticket for too fast for conditions.
* I am not saying you were wrong but this is what would happen in 80 percent of police departments, so you were lucky that you must have gotten county police used to farms and back roads
But just turn it into your insurance, don't see anybody else that could be held liable
2006-10-20 15:04:16 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Hard to say without seeing it and I don't know your state's laws......plus it is not a very clear answer.
MAYBE your state has a law of of someting to the effect of failure to yield right of way and if you could prove that the farmer was in such proxemity that you could of almost hit him or hit him you may ( depending on your state laws) be able to charge him with that.
even with that..........
BUT, I see another problem of you not being able to control your vehicle. Even tho he pulled out if front of you, you are required to maintain your vehilce. If you did not hit him directly after he pulled out, you obviously did something to avoid the accident. In the course of avoiding the acciddent you failed to control your vehicle.
Yes, he was the cause of the accident, but you failed to control your vehicle.
Not clear and cut, he caused the accident, but you did the accident when you crashed without hitting him. It is not fair.
I know that was not a clear answer and may be too blunt, but that is how I see it.
2006-10-20 15:16:58 · answer #6 · answered by Anonymous · 0⤊ 0⤋
depends what country u live in im sure same in all cases that emerging from a private property you must give way to all traffic im sure hes in wrong seek legal help on the matter alot of lawyers take a no win no pay situation the cops where fools not to charge him if u have a witness seek his statury declaration on the acounts of the incedent im sure u can claim against him.was his vehical registerd for road?
2006-10-20 10:12:17 · answer #7 · answered by skiptheroo2 1 · 1⤊ 0⤋
Go out in the morning and take pictures of the road - evidence of the mud and dangerous conditions. You'll only be going forward with anecdotal evidence otherwise.
2006-10-20 09:59:33 · answer #8 · answered by Les 3 · 1⤊ 0⤋
It's worth seeking the advice of a solicitor because farmer shouldn't cause road to become dangerous by spreading mud on it.
2006-10-20 09:55:44 · answer #9 · answered by little weed 6 · 1⤊ 1⤋
It's all very well you hitting Happy on the behind but you need to be careful, he'll have gone home and told Snow White and she'll tell Prince then you'll be in real trouble as he has Mafia connections,Him being related to the Borgia's.............................OOO... dear I sense someone might be sleeping with the fishes soon.
2016-05-22 05:50:24 · answer #10 · answered by Anonymous · 0⤊ 0⤋