Agricultural accident

Agricultural accident

I was having a cracking summer until last month. I was on the way back from the coast in Norfolk on my BMW and had taken the twisty country roads for a more enjoyable journey. As I’m legally allowed to, I was riding at 60mph.

However, as I came around a corner I was suddenly confronted by a farmer in a large tractor. Because of the size of the road, the tractor was taking up most of the tarmac. I did try and brake, but despite my best efforts I hit the agricultural monster and broke my leg.

The police have told me it’s my fault, making me think I can’t claim for my own injuries. However, surely a tractor that wide shouldn’t have been on that road, should it? And if that’s correct because he was driving on my side of the road surely it must be his fault.

Answer

You need to find out what kind of make and model the tractor was, as vehicles over a certain width need a support vehicle warning motorists of the wide load approaching. However, in my experience the majority of tractors are under this width, presumably as it is easier to use them.

If the tractor was narrow enough not to need a support vehicle I am afraid the law is not particularly favourable to you. It was a country lane and while travelling up to 60mph is allowed, a court is likely to find it was not a target to aim for. Further a court is likely to find you should have travelled at a speed which allowed you to stop within the distance you could see, and therefore the accident was down to you.

Andrew Prendergast

MCM September 2014

Posted by Andrew Prendergast. Last modified: March 23, 2018 at 4:50 pm

Andrew has been riding motorcycles since he was 10 years old and currently rides a ZZR1400 as his daily commuter whether it is sunny or snowing. In addition, he is currently restoring an old Honda CB750 K1. Andrew practices across all areas of motorcycle law, with his practice involving both civil claims and motoring defence work.

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