Is it lawful for a tractor to cross into a lane of traffic while mowing along a highway without warning or blocking off the lane?

UPDATED: Sep 9, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 9, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it lawful for a tractor to cross into a lane of traffic while mowing along a highway without warning or blocking off the lane?

I was recently in an accident involving a tractor on a Mississippi highway around 4:45 in the afternoon. The tractor was mowing the median and part of the bush hog was blocking the left lane of traffic. The accident occurred at a point in the road where a driver is blind to what lies ahead over the hill. There were no signs, signals, or cones blocking off the lane of traffic so the tractor could work safely. Although no citations were issued, I fear I am being held responsible. How can a tractor moving at 15 mph infringe on motorists traveling at 55 mph lane of traffic?

Asked on September 9, 2011 under Accident Law, Mississippi


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The issue will likely be based in or determined by negligence. That is, was the tractor operator unreasonably careless in how he was operating, such as by not putting out signs, signals, cones, etc., or not having a flagman or the equivalent, to warn incoming traffic. That is, if it was unreasonably careless in not taking these precautions, the tractor operator may be negligent, and if his negligence caused the accident, that could provide a basis for recovery for other injured or damaged parties, or possibly help to insulate other parties from liability. If you were injured or your property (e.g. car) damaged, you should contact an attorney to help you claim compensation; if you are not going to do that, you probably don't need to do anything unless and until a citation is issued or you are sued--at which point you should retain an attorney to help you. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption