Tractor Accident Claim *
Tractor accident claims * can happen as a result of a road traffic accident * or because of an accident on a farm *. Despite the ever-improving standards of farm safety, hundreds of accidents still occur in Ireland every day. According to the Health and Safety Executive (HSE) the farming industry is one of the most dangerous sectors to be working in. Dangers can present themselves due to farmers diving on steep and slippery inclines which cause the tractor to tip and overturn. Tractor accidents that occur on public roads are dealt as road traffic accidents *.
Inadequate level of training
Any person who operates a tractor or any farm vehicle has to be trained and qualified to drive it in a safe manner. If a farmer or employer fails to provide the level of training needed and an accident does occur, they may be held liable.
Failure to check machinery before use has been identified as a main cause of tractor accidents. One way in which this type of risk can be emphasised is for safety managers of the property to put more of an emphasis on it, making it mandatory.
The employer has a duty of care to provide a safe working environment for all employees. This means that any machinery must be maintained and renewed. If an injury is sustained due to a faulty piece of equipment the employer can be held accountable. It is probable that the piece of equipment will be sent to a mechanics or manufacturers where a report will be drawn up.
What to do if you suffer a tractor injury
Seek medical attention
In the unfortunate event that you experience a tractor accident *, the first protocol is to switch off the tractor if save to do so. The emergency services should be called so medical attention can be received. Tractor accidents are a form of road traffic accident * so the Gardaí should be notified. Any necessary treatment should be administered with your consent and any personal injuries * should be documented for referral. Medical records will be obtained if the decision is made to bring forward legal proceedings. The medical report will illustrate the extent of the injuries and pain suffered along with any medical expenses incurred on your way to recovery.
Report the incident
Once in a medically stable condition the accident should be reported to the authorities. This may include other road users, the farmer who owned the property if it was on rural land, or the Health and Safety authorities. By reporting the accident, you are not only notifying the other party, but also ensuring that the accident is unlikely to happen again if the appropriate measures are taken.
In an attempt to determine where liability lies, it is important to gather information that will clearly show how the accident unfolded. Such information can consist of witness reports, fellow workers nearby, CCTV footage or photographic evidence. These documents will assist in the claims process. The vehicle may also be sent to a mechanics for a report if a part of the tractor is believed to be faulty.
Legal Time Limits
The general guideline for all personal injury cases * is usually that the injured party has a period of two years less one day from the date of the accident to make a claim *. Contacting a solicitor will help you in determining the time period that you have left to bring forward a claim.
TELL US ABOUT YOUR CASE
At Tracey Solicitors, our dedicated team of personal injury solicitors * have over 30 years of experience in helping people who suffered an injury due to the negligence of another party.
If you have sustained an injury due to a tractor accident * and would like to discuss your situation, feel free to call 01 649 9900 for a confidential discussion along with expert legal advice and tell us about your case or reach out via email to email@example.com and ask any questions or queries you may have.