While driving home from work soon after dusk, our client approached a tractor pulling a manure spreader with no lights. When the manure spreader was finally visible, our client pressed on his brakes, but it was too late. Our client rear-ended the manure spreader causing the spreader to become dislodged from the tractor. As a result of the collision, our client sustained a significant leg injury requiring surgery.
The tractor owner was cited for not having proper reflective material for night operation. Manure covered the reflective slow-moving vehicle sign. The insurance company for the tractor owner denied the claim, arguing that the driver should have seen the manure spreader and slowed down in time to avoid the collision.
Our client spoke with Attorney Brandon Derry to determine if it was possible to challenge the insurance company’s decision. Attorney Derry recommended our client file a lawsuit because the collision could have been avoided, if the tractor owner made sure the reflective slow-moving sign was visible at night to approaching vehicles. Following depositions, Attorney Derry settled the case successfully for $525,000.