Most of us, including myself, will spend a lot of time moving farm machinery from farm to farm in the coming weeks. It seems like every year, at least in my area, this becomes more difficult.

The majority of the population has no concept of the size of modern farming equipment. Factor in cell phone use and texting by most drivers, it seems drivers are even less aware of oncoming farm machinery, or even fathom pulling off to the side of the road.

Most often, especially on rural roads, farm machinery takes up more than one lane. What are the rights of the farmer and the automobile driver when meeting each other on the road? In most states, each has their own respective right to the road. It can be a traffic infraction for an automobile to drive left of center. However, because of their size, farm machinery is offered a pass and able to use more than one lane.

A question arises as to who is liable when there is an accident between farm machinery and an automobile. Generally, this will depend on the facts of the situation. However, as farmers we need to recognize that the oncoming automobile has the legitimate right to the full use of their lane no matter how big of a fancy ride we are driving.

Most states have adopted the doctrine of comparative negligence. This means that the fault for an accident is not always placed squarely on one party. Thus, one party is not necessarily held totally at fault and the other totally blameless. After determining the percentage of fault by each party, the monetary damages are adjusted accordingly.

For example, if a jury finds that Car Driver was 10 percent at fault and Farmer was 90 percent at fault, Car Driver is still able to recover for the loss, but his/her monetary damages are reduced by 10 percent. Therefore, even if an oncoming driver is found to be somewhat at fault for hitting a farmer driving farm machinery, they are still able to recover for damages.

Based upon the fact that on most roads farm machinery will take up more than one lane and we can’t control the other guy’s driving, farmers should take the necessary steps to ensure they are doing whatever they can to minimize the risk of accidents on the roads.

The following are a few suggestions:

•Make sure all of the equipment’s flashers, tail lights, and other warning systems are operational.

You never want someone to make the argument to a jury that they would have been able to avoid the accident if the machinery had properly working warning lights.

•Make sure your farm machinery has the necessary flashers and lighting to comply with state law. Some states require flashers that stick out beyond the overall with of the machinery, while others mandate that slow moving vehicle signs are installed.

You can guarantee that not being compliant with state law can, and will, be used against you by the other side.

I highly recommend having rotating beacons or other such type of lighting on machinery.

Newer tractors seem to come standard with these now days.

We installed these on some of our machinery a few years back and I was amazed how much more oncoming traffic would pull over.

The more you can show you were taking steps to improve visibility, the more you can show the other guy could, and should, have avoided the accident.
Especially in hilly terrain, have an escort vehicle drive ahead of the machinery with flashers. This will avoid oncoming traffic popping up over a hill and being right on top of the farm machinery with little or no time to adjust.

Take the approach, and sometimes I struggle with this, that the oncoming driver is probably clueless, texting, talking on the phone, or all three, and will not notice you until the last minute. In other words, drive defensive and anticipate.

Lastly, to my knowledge there has not been a “road rage” case against a farmer driving farm machinery, but the day will come.

Avoid getting people angry by having them in a line of traffic behind you that stretches to the next zip code. Pull over when you can, smile and wave, and tell yourself that without people like us, those drivers would not have been going through their favorite fast food joint earlier in the day. All this, in spite of whatever hand signal they give you as they drive by.

Knowing some of the basic rules of the road and taking precautions can go a long way in not only avoiding accidents, but be helpful in the litigation that will undoubtedly arise.

For now, I wish everyone a safe and timely 2011 planting season.

John J. Schwarz, II, is a farmer and agricultural law attorney and farm estate planner in Steuben County, Ind. He can be reached at 260-665-9779 or by e-mail at jschwarz@cresslaw.com

These articles are for general informational purposes only. If you have a specific legal question, you should consult an attorney.
The views and opinions expressed in this column are those of the author and not necessarily those of Farm World.