Grain Truck & Farm Vehicle Accident Attorney
Grain Truck and Farm Vehicle and Equipment Accident Lawyer Helping Injury Victims Get Financial Compensation from Negligent Grain Truck Drivers and Farm Vehicle and Equipment Drivers Causing Injury.
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Our grain truck and farm vehicle accident lawyers help accident injury victims get financial compensation after an accident with a negligent grain truck driver, negligent truck driver, farm vehicle driver or negligent operator of farm equipment on a public road. Our law firm has helped car & truck accident victims since 1983 settling hundreds of millions of dollars in cases.
The FMCSA reported that there were a record 5,788 people killed in traffic crashes with large trucks in 2021 which was a 17 percent increase over 2020. Unfortunately, seventy-two percent of the people killed were in smaller vehicles.
Grain and gravel trucks caused 149 fatal crashes in 2020 according to the FMCSA study of large trucks in crashes by severity type making 3.1 percent of large truck fatalities. The DOT Large Truck and Bus Crash Facts 2020 found that there were 1,120 people injured nationwide from grain and gravel trucks in 2020.
The FMCSA categorizes 3 types of cargo for these trucks lumping together grain, chips, and gravel. These trucks are used for hauling bulk commodities. They are also called “open hoppers” or ‘belly dumps.”
The Bureau of Labor Statistics reported in 2021 that transportation incidents including tractor overturns and roadway crashes were the leading cause of death for farmers and farm workers.
The National Ag Safety Database (NASD)reported that overturned tractors are the leading cause of fatal injuries on US farms with approximately 130 deaths annually. 80 percent of the farmers who were killed were experienced operators. Most could have been prevented by the use of rollover protection systems (ROPS).
The Journal of Agromedicine reported that the primary source of injury on farms was tractors and found that between 2015 and 2019 62,079 people were treated in emergency rooms from farm related injuries.
The Farm Equipment Crash Study analyzed farm equipment crashes in 9 states between 2005-2010 finding evidence from State Departments of Transportation reporting 7,000 crashes involving farm equipment. 70 percent of the crashes happened in rural areas while 30 percent were in urban areas. Crashes were more likely to occur on high speed roads over 50 MPH.
The 9 states were:
- Kansas
- Missouri
- Nebraska
- South Dakota
- North Dakota
- Minnesota
- Iowa
- Wisconsin
- Illinois
The study looked at safety standards published by the American Society for Agricultural and Biological Engineers (ASABE). These standards are for lighting and marking farm equipment that is moving on roads and highways so that other drivers can avoid crashes with farm equipment.
The higher the compliancy with the safety standards the safer the states were. The most compliant states were Illinois, Kansas, and South Dakota while Missouri was the least compliant state. Regardless of the level of compliance, many accidents occur annually with grain trucks, tractors and farm equipment traveling on public roads without proper safety equipment for lighting and warning emblems.
Farm Bureau reported that in 2014 there were 94 accidents and three deaths with roadway accidents in Kansas between motor vehicles and farm equipment. This article warned farmers to make sure their slow moving vehicle (SMV) markers are clean, bright, and reflective and to make sure that farm vehicles and equipment have properly working lights on after dark.
The 2014 Kansas Traffic Accidents Facts from the Kansas Department of Transportation (KDOT) studied farm equipment accidents happening between 2004 through 2014 finding recording 1,256 farm equipment accidents causing 420 injuries and 32 fatalities.
The University of Nebraska study on Kansas Agricultural Fatalities and Injuries 2012-2021 collected statistics on agricultural related injuries and fatalities for NIOSH. They reported 33 tractor accidents where the farm worker or a pedestrian was injured or killed by a tractor. It reports 18 injuries from tractors.
15 roadway fatalities were reported on some with tractor and semi accidents. It reported 39 agricultural injuries, many from tractor-vehicle collisions and motor vehicle and farm equipment collisions. The study reported approximately 43 fatalities with various types of farm equipment including harvest equipment, grain trucks, and other implements.
Our grain truck and farm vehicle accident attorneys routinely see car and pickup accidents with grain trucks, tractors and farm equipment moving on county, state and federal roads and highways that are slow moving, not marked well and taking up too much of a lane. Most of the equipment and tractor crashes end up badly for the occupants of the passenger vehicles.
Our grain truck and farm truck accident attorneys help you receive financial compensation for pain and suffering, mental anguish, loss of enjoyment of life, scarring and disfigurement, medical bills, wage loss and all other financial losses from your truck accident. We bring claims for all of your economic and noneconomic damages.
Truck Accident Lawyers Group (TALG) is associated with Bull Attorneys®. Our primary offices in Wichita and Western Kansas in Garden City are only a short drive. Our office in Wichita is 10111 E. 21st Street North, Suite 202, Wichita, Kansas 67206. In Western Kansas, our office is at 3102 E. Kansas Avenue, #100, Garden City, KS 67846.
When you hire TALG you get experienced grain truck and farm equipment personal injury attorneys who have helped accident injury victims for decades. Our team approach uses a proprietary and confidential case development method that helps win grain truck and farm equipment accident cases. Your team will include a truck accident attorney, a legal assistant, and a case manager.
Our track record of results is impressive. Write us on our contact page or call us night or day for a free consultation at 316-330-9200. You can talk to a delivery truck accident lawyer 24 hours a day. We work across all of the Midwest.
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What are the Cause of Farm Vehicle Crashes with Non-farm Motor Vehicles?
Farm vehicle crashes (FMC) have a multitude of causes resulting from untrained temporary workers operating large, wide, and long farm vehicles traveling on roadways slowly moving under regular traffic speeds and taking up too much space. This is combined with poor marking and lighting to warn motorists of their approaching danger with many accidents happening from dusk to dawn.
Farm vehicle crashes (FMC) are not studied or tracked by normal government agencies to determine the number of crashes or the severity of crashes for many reasons that are senseless protection of the farming industry. Farm vehicle crashes cause more deadly motor vehicle crashes resulting in severe injuries and death than many other types of large truck accidents.
Our grain truck and farm vehicle accident lawyers know that one thing is for sure, if you are in a roadway accident with a farm tractor, farm vehicle or farm equipment, it is likely that you and your family will be the people most badly injured from the farm and grain trucks and equipment.
Several agricultural studies in farming and ranching states across the US with Universities and safety experts have finally revealed enough statistics about the dangers of farm vehicle crashes and accidents that the state and federal government needs to properly regulate farm vehicle traffic on state and federal highways to prevent the steady number of annual fatalities and severe injuries.
Roadway dangers from unmarked, under-marked, and unlit farm tractors and equipment remain putting operators and other motorists at risk. Agricultural safety expert and John Shutske, a professor at UW-Madison, has warned that fatality numbers “remain alarmingly high” raising concern with the high number of death on public roadways from farm tractors and equipment.
It is well known that larger farmers and ranchers are buying up land for their farms and ranches, driving smaller farmers out of business. Regardless of whether it is a small, medium, or large farm or ranch, the employees and hired hands must travel on public roadways to move grains, crops, fertilizer, and to move cattle, sheep and pigs. When they are on public roads, they are a hazard to nonfarm vehicles.
The larger farmers hire laborers that are largely unskilled. It is clear that very few farms and ranches have any safety plan. The majority do not train their workers in defensive driving techniques, hazard perception techniques or how to avoid approaching accidents. Many workers are seasonal and are rushed in and out without proper training. This lack of training for safety causes accidents and fatalities.
A June 2021 study on “Farm Vehicle Crashes On U.S. Public Roads: A Review Paper” found the rate of farm vehicle crashes resulting in severe injuries and fatalities is significantly higher than the average for all roadway crashes in the U.S. Fatal crashes involving roadway accidents with farm vehicles are five times higher than the average for all road accidents.
It is important to understand that the 2017 Census of Agriculture reported that there were 4.5 million farm vehicles across the United States. These farm vehicles include a variety of farm equipment and machinery that must be moved on public roads which causes roadway hazards.
Farm vehicles are called a variety of names including:
- Farm vehicles.
- Tractors.
- Combines.
- Farm equipment.
- Agricultural vehicles.
- Agricultural machinery.
- Farm implements.
- Agricultural equipment.
- Farm trucks.
- Grain haulers.
- Grain trucks.
Causes of farm vehicle and farm equipment accidents on public roadways are:
- Visibility of unmarked, under-marked, and unlit farm tractors and equipment.
Farm vehicles and equipment are considered slow moving vehicles (SMV) and most states require some form of warning triangle and lighting. When farmers are conducting farming activities in planting and harvest, they work long hours and work after dusk and before dawn. Poorly marked vehicles and equipment with improper or no lighting cause accidents with nonfarm vehicles.
- Side Angle Farm Vehicle Accidents.
Across Kansas, Missouri and farming states, deaths happen when a slowly moving farm vehicle is on a public roadway moving 25 mph or less in a 50 mph plus highway and the approaching motorist attempts to pass the wide farm vehicle. Side angle accidents happen when the farm vehicle turns to the left with no signal and an accident occurs.
- Head-on Farm Vehicle Accidents.
Head-on farm vehicle accidents are the deadliest type of farm vehicle crashes. Studies place these accidents at three to ten percent of farm vehicle accidents. The reason is simple. The farm vehicles and equipment are extremely heavy. The weight difference between a passenger vehicle or pickup and the farm vehicle is great. The nonfarm vehicle occupants are always the loser.
- Rear-end Farm Vehicle Accidents.
Almost 25 percent of farm vehicle crashes happen due to slow speed on public roads where speed limits are 50 mph and faster. There are curves, hills and other roadway obstructions that cause obstruction of view to the faster moving nonfarm vehicle coming from behind. Many happen at nighttime when farm vehicle visibility is nonexistent because they are poorly lit.
- Wide dimension Farm Vehicle Accidents.
Farm equipment has wide dimensions. Many tractors pull attachments making the entire vehicle extremely wide. While many road lanes are 12 feet wide, some rural roads in farming and agricultural areas may be only 10 feet wide or less. Tractors pulling combines can be wider. John Deere manufactures combines that are as wide at 17’ 8” and 36 feet long. The excessive width and length of the entire vehicle and attached or towed equipment is much like the size of a commercial motor vehicle or tractor-trailer and creates a significant hazard for nonfarm vehicles because of the large area and surface of the farm vehicle which become hard to avoid when crossing roads and making turns.
- Left turn Farm Vehicle Accidents.
A North Carolina study on “Farmers’ Perceptions and Concerns: The Risks of driving Farm Vehicles on Rural Roads in North Caolina,” reported that 25 percent of farm vehicle accidents are from farmers turning left while moving slow with a passing vehicle. The lack of use of turn signals by farm workers is a leading cause of these accidents. - Slow speed Farm Vehicle Accidents.
Most farm tractors, vehicles and equipment moving on roadways are slow moving vehicles (SMV). Many reported accident cases have the farm vehicle moving less then 25 mph and the roadway speed in 55 mph. The farmers’ disregard for moving tractors and farm equipment on faster traveled highways leads to a significant number of accidents to people in nonfarm vehicles like cars and pickups. - Improper towing of farm equipment.
Farmers tow farm equipment present a number of dangers, most of the danger being too wide for the traveled roadway taking up more than a lane of travel. This can include combines, grain carts and trailers, fuel and liquid trailers, and other implements. Untrained farm workers traveling too fast can end up causing rollovers where innocent nonfarm vehicles become injury victims.
- Wind and improperly loaded trailers leads to jackknife accidents.
The Midwest great plains have high wind conditions which causes farm trailers to tip over and jackknife when transporting improperly loaded trailers of grain and other commodities. Windy cross winds can cause the farm vehicle and trailer to jackknife or cross the center line. Nonfarm motorists are in danger from these heavily loaded farm trailers loaded by untrained farm drivers.
- 2 lane and rural road Farm Vehicle Accidents.
Rural two lane roads may be 10 feet wide per lane or less. Farmers traveling with tractors and equipment take up most of the road. Many rural roads allow other motorists to travel at 55 mph. When hills and curves exist, unsuspecting drivers are faced with a farm vehicle taking up the entire road and a predictable accident happens. - Unskilled and untrained drivers.
The problem with farm workers is the seasonal for planting and harvesting, making full time workers rare. When the farmer needs help, they hire unskilled workers without providing safe training on tractor and farm equipment operation. Just like commercial motor vehicles which require highly trained truck drivers, farmers should be required to train workers properly to prevent accidents.
- Nighttime and low light crashes.
A significant number of farm vehicle accidents happen in low light conditions like nighttime, dusk, and dawn. K.S.A. 8-1717 requires farm tractors and attached equipment to be equipped with hazard warning lights, head lamps and rear red lamps visible to a distance of 1,000 feet. Many farm vehicle accidents happen because of the lack of lighting and reflective equipment.KSA 8-1717(h) requires farm vehicles traveling slowly to have a clean, fluorescent, and reflective slow moving vehicle (SMV) emblem. Regardless of the law, farmers continue operating slow moving farm vehicles, tractors and equipment on faster highways where all traffic is traveling at least twice as fast without proper reflective emblems and lights especially at nighttime and dim light conditions.This same statute requires head lamps and rear red lamps and reflectors that must be visible to a distance of 1,000 feet. When farmers and farm workers operate tractors, vehicles and equipment after dusk, at night and before dawn, they create significant hazards to nonfarm vehicles using public roads.
- Planting and harvesting season time increases accidents.
Farmers are usually active planting seeds from late April through May and then harvesting in September through December which tends to increase the number of farm vehicles on roadways in farming states across the Midwest. This seasonal farming activity is known to increase the farm vehicle accidents with nonfarm vehicles. They tend to be lower in winter.
- Excessive working hours and fatigue.
Excessive working hours from early morning to evening 6-7 days a week cause farm workers and drivers to be tired and fatigued where they are easily distracted and do not follow driving laws causing negligent fatal accidents. While the DOT mandates limited driving hours to minimize fatigue, farm workers are largely unregulated allowing them to cause needless accidents.
![Grain truck on a rural road next to a rye field in the harvest](https://truckaccidentlawyersgroup.com/wp-content/uploads/2024/01/truck-accident-lawyers-semi-fast-distracted-driving-768x512.jpg)
What are the Causes of Grain Truck Accidents?
- Lack of a Commercial Driver’s License.
Part 383.3 requires normal grain trucks and commercial motor vehicles to require a commercial driver’s license (CDL). It provides a CDL exemption to operators of a farm vehicle under 49 CFR 383.3(d)(1) when transporting within 150 miles of the farmer’s farm. Many grain truck drivers falsely claim this exemption driving over the miles allowed. - Negligent hiring.
When following the FMCSR, the hiring of drivers must be done with appropriate background checks. Part 391.11 requires the motor carrier and the driver to comply with the regulations. They must speak English, read signs, be able to drive safely, be physically qualified, have a CDL and pass a road test.
When drivers are hauling grain for a farm or operating farm vehicles, tractors and equipment, they may only have a regular driver’s license and never get defensive driving training or road testing. Many of these drivers are seasonal and are quickly hired and thrown into a driving position when they are not qualified as safe and trained drivers. - Negligent training.
Drivers of grain trucks outside of the farming exemption must be trained to properly understand the FMCSR regulations. Many small to medium size trucking companies merely accept a CDL as proof of the ability to drive. When they fail to use a three day training course with appropriate testing over comprehension, they are acting both negligently and recklessly. Most small, medium, and large farmers negligently fail to provide any real safety training for hazard perception and recognition, unsafe loading practices, defensive driving and on how to avoid accidents, rollovers, and jackknife accidents. This negligent training leads to severe catastrophic accidents with nonfarm vehicles causing injuries and fatalities.
- Negligent retention.
When truck drivers violate the FMCSR they become disqualified under Part 391.15. Drivers must be disqualified for the suspension or revocation of the CDL, drunk or drugged driving, refusing to undergo drug and alcohol testing, leaving the scene of an injury accident and committing a felony. Allowing retaining the driver after a disqualifying offense is reckless.
- Distracted Driving.
The FMCSA CMV Driving Tips tell truck drivers that 80 percent of truck driver accidents happen from driver inattention in the 3 seconds prior to impact.
- Fatigued Driving.
Part 392.3 of the FMCSR prohibit drives from driving a commercial motor vehicle when too tired or sick to drive safely. Grain truck drivers for farms work long days during harvest but as long as within the farming exemption mileage they can still work while fatigued. Farmers allowing them to do so are reckless.
- Truck driver error.
The FMCSA and LTCCS analyzed truck driver error. It found that 32 percent were from the driver running out of roadway. 29 percent were from the truck driver losing control of the truck due to traveling too fast for conditions. 22 percent were from the truck driver rear ending another vehicle in their lane of travel.
- Improper maintenance.
Part 396.3 of the FMCSR requires every motor carrier systematically inspect, repair and maintain all motor vehicles subject to its control. This is because large truck fatalities occur from faulty maintenance on brakes and safety items in these large heavy grain trucks.
- Unsafe loading procedures.
Grain trucks carrying grain, commodities, gravel that are overloaded are known to cause the trucks to rollover or have jackknife accidents and can cause lane crossing and head-on crashes. While commercial motor carriers must comply with the FMCSR and follow safe cargo loading procedures, farmers rarely train the grain truck drivers about loading dangers negligently causing accidents.
- Unsafe road conditions.
Grain trucks often carry loads of heavy commodities on rural dirt roads and two lane paved roads. Work zones, lane changes, curves and hills can cause the grain truck driver who is driving too fast for conditions to have head-on crashes and rollovers where motorists coming in contact with them are likely to die.
- Drunk driving.
Both the FMCSR and regular state laws on drunk driving and drugged driving prohibit grain truck drivers from driving while intoxicated. Part 392.5 prohibits truck drivers driving while intoxicated. CMV drivers must not have over .04 alcohol concentration in their blood while farm drivers can have a higher level of .08.
- Speeding.
The FMCSA study called LTCCS found that 23 percent of truck accidents are from the truck driver driving too fast for the existing conditions. Grain trucks have heavy weight which makes them take longer to stop and explains why they rear end passenger vehicles so often.
- Bad weather and high wind conditions.
Bad weather, storms, ice, fog, smoke and dust storms combined with high wind conditions cause grain trucks to cross center lanes and have head-on conditions as well as rollover and have other serious accidents causing severe injuries and fatality. Part 392.14 of the FMCSR requires drivers to slow or stop driving when sufficiently dangerous. - Tire blowouts and defective tires.
Part 393.75 of the FMCSR requires that tires on commercial motor vehicles must meet safety standards, load restrictions, inflation pressure and be free from defects. This is because of the prevalence of truck crashes from bad tires. Farmers meeting the farming exemption still must maintain grain truck tires or they are acting recklessly.
Do the Federal Motor Carrier Safety Regulations (FMCSR) Apply to Grain Trucks, Farm Trucks and Farm Equipment?
The FMCSR typically applies to grain trucks. However, grain trucks, farm trucks and farm equipment can be exempt from the FMCSR under Part 395.1(k)(1) which provides the agricultural commodity exemption to farmers picking up and delivering an agricultural commodity. The exemption only applies if the driver is within 150 air-miles of the commodity. Once exceeded, the federal Hours-of-Service rules apply.
Grain truck and farm vehicle accident lawyers know that many truck drivers willfully disobey the agricultural exemption hauling grain and other commodities to multiple pickup and delivery points that far exceed the 150 air-mile rule. Likewise, livestock and cattle haulers falsely pretend not to be required to comply with the FMCSR under the agricultural commodity exemption acting negligently and recklessly.
When a grain truck or farm vehicle causes an accident who is responsible?
If you have been injured by a negligent grain truck driver or negligent farm vehicle driver the driver of the truck or vehicle is responsible to pay for your injuries, pain and suffering and all financial losses and damages.
When it is a commercial motor vehicle, the trucking company is also responsible to pay for your injuries and damages. If a farm or farming corporation had an accident because of a negligent driver, the farm or farming corporation will usually be responsible to pay for your losses.
In certain limited circumstances, another party can be at fault and responsible for your injuries. Some of those other parties who can be responsible for your damages and injuries are:
- Loading companies.
When another company or employee of another company overloads or improperly loads the grain truck or the grain trailer and it causes the truck or vehicle to shift across the lanes of travel, rollover, or jackknife because the vehicle cannot tolerate the weight, the other company or their employee can be responsible.
- Leasing companies.
When motor carriers or corporations lease grain trucks and large farm vehicles to the at fault party and they know or should have known they had an unsafe habit or pattern of activity in not following federal or state laws, they can be responsible to pay for your damages. - Dispatchers.
Dispatchers who dispatch long haul drivers when they are out of legal time to drive or send them into bad weather conditions without rerouting them or commanding them to stop, they can be responsible for your injuries. Farmers making farm workers work long hours causing fatigue can also be responsible for your injuries. - Tire manufacturers.
Tire manufacturers who produce defective tires that blowout or cause vehicle accidents may be added as a responsible party to pay for your damages. - Maintenance and repair companies.
When grain trucks and farm vehicles are negligently maintained and repaired by independent contractor maintenance and repair garages and they send the truck or vehicle back out on the road when it is unsafe to drive, they can be responsible to pay for your damages.
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What Should I Do After an Accident with a Grain Truck or Farm tractor, vehicle, or equipment?
These are the steps to take following an accident with a grain truck or farm tractor, vehicle, or equipment:
- Notify the police and request that they come to the scene of the accident.
- Report all injuries to 911 and request an ambulance for all injuries no matter how small they seem. Many injuries do not seem bad in the first 24 hours and then increase in intensity.
- Obtain a medical evaluation by qualified emergency room doctors and avoid urgent care clinics and chiropractors.
- Take photographs of everything including the accident scene, injuries, vehicles, business logos and names on trucks and trailers and of the DOT or motor carrier number.
- Refuse to give any statements to insurance adjusters without getting legal advice from an experienced grain truck or farm vehicle accident attorney.
- Call TALG for a free initial consultation 24 hours a day at 316-330-9200.
Frequently Asked Questions
Are grain truck drivers required to have a commercial driver’s license?
In Kansas and many farming states, a grain truck driver picking up and delivering the grain and not exceeding the 150 air-mile agricultural exemption will not be required to have a commercial driver’s license (CDL). However, when the grain truck is traveling longer distances and acting as a commercial motor vehicle transporting grain, a CDL is likely required.
Why do farmers drive tractors on the highways at slow speed?
Most tractors are slow moving vehicles (SMV) and are unable to be operated above 25 mph. Farmers drive their tractors on roads and highways to go between their fields. As farms grow in size, becoming larger across many miles, the farmer has a greater need to travel across public roads and highways.
When is a farm truck a commercial motor vehicle?
When a farm truck is used for commercial transportation exceeding the 150 air-mile agricultural commodity exemption, it can be considered a commercial motor vehicle. Many farmers take out farm insurance policies which exclude commercial business use. After an accident the insurance carrier will claim, they do not have to pay because of commercial use after an accident.
Locations We Serve
With physical offices in Kansas and Texas, the Truck Accident Lawyers Group is ready to represent injured people who have had a motor vehicle and truck accident anywhere in the United States. Make sure you hire an experienced truck accident lawyer who understands the safety rules under the FMCSR.
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