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Ross Miller
Ross Miller,
Category: Traffic Law
Satisfied Customers: 597
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I'm looking for some advice. My wife was involved in an

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Hi, i'm looking for some advice. My wife was involved in an accident that wasn't her fault. Long story short, she was driving on a narrow country road at night when she had to pull over to allow an oncoming vehicle to pass her. It was a tight squeeze for the cars to pass each other, but they managed successfully. An oncoming tractor then attempted to pass my wife's vehicle. My wife had to pull over as far as she could, with her nearside tyres in a ditch and she was stationary, as the tractor continued towards her. The tractor which had a bale tipper fitted onto it's rear, slowed down to walking pace as it drove along side my wife. The bale tipper extends an extra 15 cms either side of the tractor. It made contact with and caused damage to the offside wheel arch and driver's door, before the tractor pulled away from contact and came to rest. The tractor driver was working at the time, moving hay bales from a nearby field. It did not have any markings, reflectors or lighting to clearly mark the dimensions of the bale tipper and it did not have an amber beacon. I attended to scene of the accident and took pictures of the vehicles in situ and the damage caused. The pictures clearly shows how the tractor was being operated at the time, when it was pitch black at night with no street lights. I have contacted my insurance company who have said it is the tractor driver's word against my wife as there was no other witnesses and no CCTV or dashcam footage. Is there any statute pertaining to the use of the bale tipper at night on a public roadway, that might help our claim? Thank you in advance. Alan McDermott.
JA: What state was the citation in? And have you consulted a local attorney?
Customer: It occured in Northern Ireland, UK. We haven't sought any legal advice yet.
JA: Do you need to appear in court?
Customer: No.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The tractor driver is claiming it isn't his fault.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Customer: replied 7 days ago.
Hi.
Customer: replied 7 days ago.
I'd rather just speak online thanks.

.

I'm not sure this is my area.

I will opt out for others.

Hello my name is ***** ***** I can help with this matter if you are still looking for help, please note there may be delays between messages as the experts on this website are all third party and are not on here full time. Thank you.

Customer: replied 7 days ago.
Hi Ross, yes I’m still looking for advice.

Thank you I will read this in full and get back to you tomorrow afternoon if that is ok with you. Kind regards

Customer: replied 7 days ago.
that’s fine, thank you.
Customer: replied 6 days ago.
Hello Ross, have you managed to look over my query? Thanks, Alan.

Thank you for the information and I apologise for the delay in response. The simple answer to your question is no, there is no statute or legal provision to provide you with legal remedy in this matter. However, from the detailed description you have given and the fact you have provided photo's it seems like the fault lies with the other party. Ultimately, it is the job of both insurers to establish where the liability lies or more importantly, with who. This is something that the insurers investigation teams will have to look into and ultimately make a decision on. They can decide 3 main points that the findings show that it was either your wife, or the other driver's fault. Or that there was joint liability and parties will be liable for a percentage of the costs inn relation to repair each. Again this is ultimately for the insurers to work out. You can be assured that you insurers will work hard in your favour as they will want to pay out as little as possible. I hope this information helps.

I hope this information has helped.

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

 

Ross Miller,
Category: Traffic Law
Satisfied Customers: 597
Experience: Director (Litigation and Mediation) at Hilltop Solutions
Ross Miller and 3 other Traffic Law Specialists are ready to help you