Truck vs. Kubota, driver walks away

D2Cat

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That young man is fortunate!! I couldn't understand the interview to see how the accident happened.
 
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skeets

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One more diesel dummy trying to make time so he gets one more load in before his time is up,,, I know theres good truck drivers out there I have seen them,,but theres to many more that are steering wheel holders not drivers.
 

Kurtee

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One more diesel dummy trying to make time so he gets one more load in before his time is up,,, I know theres good truck drivers out there I have seen them,,but theres to many more that are steering wheel holders not drivers.
So where is it written that this is the truck drivers fault?
 

D2Cat

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Looking at the damage on the truck and where the hay is, might be the tractor made a left hand turn in front of the truck!
 

sheepfarmer

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As near as I could tell, the truck and the tractor were both going in the same direction. The tractor driver said he put his turn signal on to go in his drive, that would make it a left turn. The truck tried to pass him crossing a double yellow line, ignoring or not seeing the signal, or was going too fast to stop.

The part that struck me was the guy saying sadly he really liked that tractor...

A friend of mine was not so lucky, he was pulling a spreader down a back country road near his farm, school zone no less, and a milk truck driver looked down to get a drink can off the seat as he was coming over a hill, and hit him. He did not survive.
 

North Idaho Wolfman

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I thought the truck hit him head on like the tractor turned into him because it ripped the front axle out of it, but then I watched the raw video, that shows it a lot better, the truck did pass him on the left across a double yellow...OOPS!. :eek:
 

torch

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Under Ontario law, both drivers are 50% responsible for the accident:

If the incident occurs when automobile “A” is turning left at a private road or a driveway and automobile “B” is overtaking automobile “A” to pass it, the driver of each automobile is 50 per cent at fault for the incident.
Now, if the tractor was turning onto a cross road instead of a private drive, then fault would be 25% tractor, 50% truck:

If the incident occurs when automobile “A” is turning left at an intersection and automobile “B” is overtaking automobile “A” to pass it, the driver of automobile “A” is 25 per cent at fault and the driver of automobile “B” is 75 per cent at fault for the incident.
The only way the truck driver would be judged 100% at fault is if he also overtook traffic that stopped behind the tractor prior to the tractor making the turn:

If the incident occurs when automobile “A” is turning left at a private road or a driveway and automobile “B” is passing one or more automobiles stopped behind automobile “A”, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.
(Revised Regulations of Ontario 1990, Reg. 668: FAULT DETERMINATION RULES)

The double yellow line does not affect the above, but truck disobeying a "No passing" or tractor disobeying a "No Turns" sign would change things.

Also, the rules don't apply if the tractor driver was charged with impaired driving, or exceeding the speed limit by more than 16kph but oddly, the rules still apply if the truck driver was impaired or speeding.

Other jurisdictions will have their own rules, of course. But fault is not always assigned the way we think it should be.
 

Newlyme

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So where is it written that this is the truck drivers fault?
This is a Kubota Tractor website.
Look under Forum Rules, Section 3 Paragraph 4B. ;)

P.S.
Didn't watch the video. Glad everyone walked away.
 

North Idaho Wolfman

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Under Ontario law
In the US, the truck is 100% at fault.
#1: Did not yield to a slow moving Vehicle.
#2: Crossed a Double yellow AKA No Passing zone.
#3: Disobeyed vehicle turn signal.
#4: Hit a Kubota... that should be punishable by firing squad! :p
 

torch

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In the US, the truck is 100% at fault.
#1: Did not yield to a slow moving Vehicle.
#2: Crossed a Double yellow AKA No Passing zone.
#3: Disobeyed vehicle turn signal.
#4: Hit a Kubota... that should be punishable by firing squad! :p
Just did a quick Google on the topic and it appears the rules do vary by state. For example, according to that great and learned legal resource Wikipedia:)p), Vermont state law allows passing on a double yellow line when no traffic is on the opposing side; however, one must pass quickly and return to the proper side.

I also have to wonder (assuming the rules of that particular road were similar to Vermont) did the tractor driver actually signal his turn? Without an independent witness, a dashcam in the truck, or a black box recorder in the tractor that one seems hard to prove one way or the other.