By ANN ALLEN Indiana Correspondent
NORTH MANCHESTER, Ind. — The speaker’s eyes misted as she looked at fields being tilled during April’s warm, dry weather. “I’ll never forget a friend of mine who came up over a hill without realizing a slow-moving piece of farm machinery was directly ahead. She died as a result of the horrific crash,” said the woman, who prefers not to be identified.
Unfortunately, her memory is not an isolated one. Traffic accidents involving farm equipment and passenger cars occur every year. “Liability from such accidents can literally force a farmer or rancher out of business unless he or she has taken appropriate steps to protect the operation from liability,” said Sean Minahan, an Omaha, Neb., attorney affiliated with the Lamson, Dugan and Murray law firm.
Responsibility for avoiding such accidents is a two-way matter that involves drivers and farm equipment operators. Illinois Transportation Secretary Ann Schneider said, “We advise all drivers to prepare for the planting season and continue to share the road, remain focused, slow down and obey posted speed limits.” Studies show that left-turn, rear-end and passing collisions are the most common types of accidents involving motorists and farm machinery. The Illinois Department of Transportation and Department of Agriculture suggest six ways motorists can remain safe when encountering farm vehicles:
•Pay attention and don’t drive distracted.
•Slow down when encountering slow-moving vehicles.
•Pass with extreme caution.
•Allow extra room when following farm equipment.
•Be patient. A farmer can’t always move over to let motorists pass.
•If you can’t see the driver, they can’t see you. Farm machinery operators may not be able to see you because the large equipment or a load can block part of their rear view.
Other safety experts add accident prevention suggestions:
•If you see something ahead that is neither car nor truck, slow down, at least until you have identified the object.
•Watch for hand signals. Just because a tractor veers right does not mean the operator is pulling over for you to pass. The sheer size of farm equipment often dictates the necessity of wide turns – hence the veer right. If a tractor operator is signaling you to wait, trust them. They have a much higher vantage point than you do.
•Be aware of the triangular Slow-moving-Vehicle (SMV) sign.
•Watch for flashing amber lights. This type of light often marks the far right and left of farm equipment. Also watch for reflective tape marking extremities and sides of equipment.
•Do not speed past farm machinery. Even when you may pass safely and legally, the turbulence created by your vehicle may cause the machinery to sway and become unstable.
•Do not pull out in front of a slow-moving vehicle and then slow suddenly. A tractor pulling a grain cart does not have the maneuverability of a car. Make sure there is ample space to pass. As with any passing operation, check the rear-view mirror before returning to your travel lane.
•Do not expect equipment to run partly on the road shoulders. Driving with one set of wheels on the pavement and one set on loose-surfaced shoulders substantially increases the risk of overturn or other accident.
Minahan’s suggestions for farmers and ranchers to consider as precautionary measures include the following advice.
Practice due diligence in maintaining and inspecting equipment. The first step in preventing an accident is to make sure the accident is not caused by the equipment. Keep maintenance and inspection records to provide a paper trail that such maintenance and inspection occurred.
Establish a comprehensive and thorough hiring process. Many accidents are caused by lapses in judgment from the equipment or tractor-trailer operator. It is imperative that the operator is qualified and responsible. A thorough application process and comprehensive background checks may prevent hiring someone with a sketchy driving record and/or social or medical problem that impair the individual’s ability to drive.
Ensure the operation is covered by adequate insurance. Do not create liability through contracts and/or agreements. When leasing a tractor-trailer or a contractor to move crops, livestock or equipment, make sure the agreement does not place the liability for any accident on you. In the event that such agreement is necessary, make sure that the operation’s insurance will cover such liability.
Insulate the operation through a corporate structure. An operation’s value is found in its assets, including the land, buildings, equipment and commodities such as the crop and/or livestock. Structuring the operation into a corporation can protect those assets from being seized as payment for any liability in catastrophic accident. A corporate structure may also protect the owner from being personally liable for any damages.
If equipment is being moved after dark, additional safety requirements need to be met. These include:
•Making certain all equipment lights work. The American Society of Agricultural Engineers suggests for visibility, each tractor have two headlights, four flashing amber lights with two mounted in the front and two in the back and one red taillight mounted on the far right rear edge of the equipment.
•Turn on all lights any time the equipment is on the road and visibility is reduced. Clean dust from lenses of the lights and from the windshield and other windows of the cab.
•Focus any adjustable spotlights on the working area of the farm equipment while in the field, but turn them off while transporting on the road.
•Mount an SMV sign on the farthest back portion of equipment any time it is transported on the road. If the equipment moves faster than 25 mph, this can be removed.
•Add two reflectors to the outside edges of the equipment as it is positioned to move down the road. In addition, if the towed equipment blocks the view of the rear mounted reflectors on the tractor, a separate set of red flashers should be added to that equipment.
•All farm equipment operators should be trained how to operate the lights and the placement of lights and reflectors for transportation.
•Exceptionally wide farm equipment may require pilot cars in front of and behind the equipment to warn other traffic. Check local and state laws concerning the allowable widths of farm equipment on the road and any mandated safety precautions.
With safety being the bottom line, the old adage “The life you save may be your own” still rings true. |