Farm / Tractor Accidents | Personal Injury Lawyers
Some of the most serious injuries occur from accidents that happen on a farm. Most of these farming accidents involve negligently or recklessly operating tractors or other farming equipment that can cause serious injuries. Whether you have been involved in a crash with a farm vehicle, have been injured while using farm equipment, or have been injured because of a defective condition on a farm, an experienced personal injury lawyer who handles farm and tractor cases may be able to obtain a recovery for the injuries you have suffered.
Frequently Asked Questions about Farm & Tractor Accidents
Our personal injury lawyers provide answers to some important questions below.
If you are injured on a farm because of someone else’s negligence, you have the right to pursue a claim and to be compensated for the injuries you have suffered including the out of pocket losses you have incurred. You have no obligation to talk to any insurance company representative without first speaking to a lawyer. You should meet with a personal injury lawyer who can guide you through the personal injury case process.
Can I bring a lawsuit if I am injured on a farm or by farm equipment?admin2020-07-08T18:29:59+00:00
Yes. If you are injured in an accident on a farm, a claim can be brought against the Farm and the owners of the land if they are owned by separate individuals or companies. To file a claim a farm accident personal injury lawyer will first want to meet with you to discuss the particulars of your claim. Thereafter, your lawyer will contact the farm and the farm’s insurance company to initiate a claim. In addition to investigating the cause of the accident, your lawyer will obtain all medical records and understand the full extent of your pain, suffering and out of pocket losses. Your personal injury lawyer will attempt to settle your claim and/or file a lawsuit against those that caused your injuries. In most cases, a successful claim will be paid by the insurance company from the farm or landowner.
How much can I recover for my injuries if I am injured?admin2023-01-05T16:27:16+00:00
The amount of compensation you are entitled to depends on many factors including the full extent of your physical injuries and the total amount of out of pocket losses you have suffered. In terms of physical injuries, the value ranges from very minor injuries which would be worth very little to very serious injuries such as fractures, injuries that require surgery and hardware, loss of limbs and brain injuries that have significant values. The seriousness of the injury and the impact on your life ultimately determine, the value of the case. In addition to pain and suffering, it is also important to calculate past and future lost earnings, and past and future out of pocket losses for medical expenses. If you are unable to work in the future because of your injuries, future lost earnings can be a substantial part of a personal injury lawsuit. Serious farm injury cases can have extremely high settlement and verdicts, ranging from hundreds of thousands of dollars to multi-million dollars.
How do I recover money if I am injured on a farm or by a farm vehicle?admin2020-07-08T18:29:11+00:00
If you are injured on a farm or by a farm vehicle your claim lies against the farm and the owner of the farm vehicle which both likely carry insurance coverage. Certain agricultural vehicles and trailers are required to maintain NY State automobile liability insurance coverage. The vehicle must carry a minimum insurance coverage of $25,000 for bodily injury and $50,000 for death for a person involved in an accident. Additionally, the farm or landowner likely carries insurance in the event of an injury on the farm.
How long do I have to file a claim if I am injured on a farm or by a farm tractor?admin2020-07-08T18:28:47+00:00
Generally, the time frame to pursue a claim if you are injured on a farm or by a tractor or other farming equipment is 3 years from the date of the accident. This time limit will be extended if the person who was injured is a child or minor. Other limitations would apply if the farm or land is owned or operated by a municipal entity. Limitations with respect to a municipal entity are generally shorter than other time frames, so it is important to consult with a personal injury attorney to ensure your potential claim is not lost forever.
I was injured while riding on a tractor, do I have a claim?admin2020-07-08T18:28:10+00:00
Maybe. Whether you have a right to file a claim depends on how the accident happened. If you were injured because of the conduct or negligence of another person, business or company, and if you’ve suffered injuries, you have a right to be compensated for the pain, suffering and economic losses you have suffered.
How does a lawyer prove my claim if I was injured by a dangerous condition on a farm?admin2020-07-08T18:27:48+00:00
A farm owner has a duty to use reasonable care to keep the farm in a reasonably safe condition for the protection of all people who visit the farm. If a farm owner negligently maintains their property, and if you suffer an injury because of the farm’s negligence, you have the right to bring a lawsuit against the farm owner or the landowner. To bring a successful claim your farm accident personal injury lawyer must prove: (1) that the premises were not reasonably safe; (2) that the defendant was negligent in not keeping the premises in a reasonably safe condition; and (3) that the defendant’s negligence was a substantial factor in causing your injury. If these elements are proven, you are entitled to recover for your injuries.
How does an injury lawyer prove my claim if I am injured by tractor?admin2020-07-08T18:27:21+00:00
For a personal injury lawyer to successfully pursue your claim the lawyer must prove the defendant was negligent. Negligence is lack of ordinary care. It is a failure to use that degree of care that a reasonably prudent person would have used under the same circumstances. To prove negligence an injury lawyer must prove that the defendant owed you a duty of care, that the defendant breached the duty of care, and as a result caused you to suffer injuries. The injuries can be physical as well as economic.
If I was injured by an employee of the farm, do I still have a claim against the farm owner?admin2020-07-08T18:26:43+00:00
Probably. An employer may be held liable for acts of an employee that cause injury to another person if the act was foreseeable and was in the furtherance of the employer’s business. An employee’s act is generally within the scope of employment when it is in the furtherance of the business and when the employer is, or could be, exercising some degree of control over the employee.
If I am partially at fault can I still bring a claim?admin2020-07-08T18:26:17+00:00
Yes. Even if you are partially at fault for causing the accident or injuries you have suffered, you can still bring a claim in New York against the other at fault party. The law says that even if you contributed to the accident and were “contributorily negligent” or have some amount of “comparative fault” you can still recover damages for the amount the other party was at fault. In other words if you were 40% at fault and the farm, landowner or equipment owner was 60% at fault, you can recover 60% of your damages from the other party. In terms of dollars under this example, if your case is worth $1,000,000, you would be entitled to recover $600,000 from the at fault party.
You have the right to a trial by jury or by the judge who will act as both judge and jury
At a trial, the injured person must prove it was more likely than not that the defendant was negligent and caused injuries
The judge or jury will listen to all the evidence presented and the arguments by the lawyers, apply the facts to the law, and render a decision
Recent Verdicts & Settlements
Medical Negligence Plaintiff suffered injuries as a result of negligent monitoring of prescription medication.
Automobile Accident Plaintiff was a passenger in a vehicle which went off the road and rolled over, causing him to suffer significant permanent injuries, including skull fracture; fractured mandible requiring surgical placement of plates and screws; facial fractures and lacerations; sternal fracture; spinal fractures; lacerations to spleen, liver and lung; multiple rib and toe fractures; tinnitus and hearing loss; post-traumatic stress disorder; facial scarring and numbness.
Nursing Home Negligence An 87-year-old man was discharged from a local hospital on the afternoon of his death and returned to his assisted living facility. His health began to deteriorate throughout that evening; a nurse was told to check on him but never did. Facility staff found him unconscious on the floor in his room later that evening; paramedics were unable to revive him. It was claimed that the facility failed to obtain appropriate medical advice, assistance and treatment.
Worksite Injury Plaintiff, a roofing contractor, suffered a fractured skull, cervical spine fracture and fractured ribs after falling from a roof. The injuries left him with chronic pain and fatigue, limited tolerance for walking, lifting, or carrying and limitations in his hearing and vision.
Worksite Injury Plaintiff was injured when a fork from a forklift truck fell on top of his left leg, severely fracturing the tibia and fibula, requiring numerous surgeries and resulting in a permanent, partial loss of use of his leg.
Bicycle Accident Plaintiff suffered two dislocated shoulders and a dislocated elbow after he was struck by a vehicle, which negligently swerved onto the shoulder and into the bike lane.
Farm/Tractor Accident The infant plaintiff fell from a tractor being operated by a farm employee and was run over by the tractor. The 10-year-old boy suffered a femur fracture requiring surgery, multiple facial fractures requiring surgery, foot and toe fractures and loss of consciousness.
Negligent Assault Plaintiff was assaulted outside of a bar in Saratoga and as a result suffered a traumatic brain injury, a fractured skull, brain swelling and brain bleeding, facial contusions and bleeding, as well as lacerations and bruises on his body. He also suffered from short and long term memory deficits and other cognitive deficits.
Wrongful Death Plaintiff, a 49-year-old man, was discharged from the hospital with critically low levels of potassium, which precipitated a fatal arrhythmia at home and subsequently caused his death. His family brought a claim against the hospital for medical negligence and wrongful death.
Worksite Injury Plaintiff was an ironworker who was injured when he fell from a ladder, suffering fractures to both elbows resulting in permanent loss of strength and loss of range of motion in both arms. His impairment limited the number and types of employment opportunities and limited his future earning potential.
Federal Employers Liability Act/FELA Plaintiff suffered a significant back injury while working for CSX.
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