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“I have been prosecuting serious injury and wrongful death cases against trucking companies, auto makers and tire manufacturers for more than 30 years. Our firm maintains this blog to share information and insight on transportation safety issues that continue to arise on our nation’s highways and roads.”

Thomas Daniel and Kyle Henson were seriously injured after a truck crashed into a tractor on Highway 2

RAY, North Dakota -- Thomas Daniel, 67, and Kyle Henson, 31, were both seriously injured when a pickup truck with a gooseneck trailer and farm tractor pulling a hay baler collided in Williams County, ND, on Wednesday, September 21st, according to a preliminary report issued by the North Dakota Highway Patrol.

Authorities say that the tractor, driven by Daniel, was going east on Highway 2 just west of Ray when a pickup, driven by Henson, approached from behind and struck the elderly man. NDHP reports that the younger man failed to see the slow-moving tractor on the road in front of him and struck the tractor, causing the pickup to spin out of control. Henson eventually came to rest in the south ditch, where he had to be pried from his pickup by emergency crews.

Both men incurred severe injuries from the collision and were taken to the Tioga Medical Center by medical personnel. This is the second accident of its kind to occur this year in the town of Ray, which has a population of just 740. In June, a pickup ran into the back of a tractor on Hwy 2, causing the tractor to overturn. Both drivers suffered minor injuries in that crash.

An independent investigation is needed to ensure the injured receive any financial compensation they may need to recover

Despite the apparent clear-cut liability in this accident, things are not always as simple as they seem. It will likely take trained lawyers to investigate and determine all parties that might be responsible for this serious crash in which two men were hospitalized for their injuries.

Although this crash remains under investigation, the information released thus far indicates that Mr. Daniel was injured through no fault of his own on account of the negligence of Mr. Henson. The driver of the pickup appears to have been negligent in failing to control his speed and failing to keep a proper lookout when he slammed into the back of the tractor. Tractors have a right to be on the road with us, and drivers have a duty to watch out for their presence, especially in rural areas where they are often found on the highway, along with other slow-moving farm equipment and even livestock.

Another possibility exists if the truck was equipped with crash avoidance technology that failed, which would prompt a product case against the manufacturer of the truck. Crash avoidance technology is a common safety feature of newer model vehicles that warns of impending objects in the road. If this truck was equipped with such technology, the injured tractor driver deserves to know why it wasn’t working.

In any event, Mr. Daniel will likely be able to pursue a negligence claim against the pickup driver, and possibly the manufacturer of the pickup. The goal of personal injury law is to help an injured person receive the financial compensation needed to rebuild their life. Serious injuries will have long-term consequences and it isn’t fair for Daniel to suffer injuries and have to pay to treat and remedy his damages out of his own pocket. Those who caused the injury should pay the costs associated with the injured person’s recovery. This is why it is important to identify all parties who are potentially liable for the accident and hold them responsible for their actions.

Disclaimer: This post is not legal advice. Information contained in this blog was compiled from third-party sources or is the opinion of the author. Please inform us immediately if false or misleading information is contained in this post.


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