Accidents involving tractors and passenger vehicles on Wisconsin county roads present very different considerations than typical car crashes. Who pays after a tractor vs a car crash on a county road in Wisconsin depends on how the crash occurred and how fault is determined. A personal injury accident lawyer may be able to help you pursue legal action following a car or tractor accident.
Generally, financial responsibility is based on whether the tractor operator, the motorist, or both contributed to the accident through their actions. Tractors are subject to specific agricultural exemptions and safety requirements that can make determining responsibility difficult without legal help. An experienced tractor accident lawyer can examine both traffic laws and farm vehicle regulations.
Accidents in Wisconsin
Car accidents were the most common kind of vehicle accidents in Wisconsin. In 2021, 116,000 car accidents happened in Wisconsin. Of these, 91,344 were property damage crashes, 24,454 resulted in an injury, and 335 were fatal.
Car accidents can happen for a multitude of reasons. This can include:
- Speeding
- Reckless driving
- Driving under the influence of drugs or alcohol
- Distracted driving
- Unsafe road infrastructure
Accidents can happen anywhere. They can happen on the highway, roads, parking lots, and even when a car is parked, resulting in injuries, fatalities, and property damage.
If you have gotten into an accident in Wisconsin, you must report the accident as soon as it happens.It is especially important to report an accident if there has been:
- An injury
- At least $1,000 in property damage
- At least $200 in government property damage
You can report an accident yourself, or law enforcement can do it for you.
Tractors on the Road in Wisconsin
In general, under Wisconsin law, tracked vehicles are not allowed on the road. However, there are exceptions for Implements of Husbandry (IOH) vehicles. An IOH vehicle is defined as a self-propelled vehicle that is designed and used solely for agricultural purposes. Some examples of IOH vehicles include:
- Category A IOH
- Tractors
- Category B IOH
- Self-propelled combine
- Forage harvester
- Fertilizer
- Pesticide application equipment
- Category C IOH
- Farm wagon
- Grain cart
- Farm/manure trailer
Lighting requirements for IOH vehicles include white headlights, red taillights, reflectors, and an emblem that indicates the IOH is a slow-moving vehicle. If an IOH does not have any sort of lighting or reflectors, it is not allowed on the road in the dark. IOH vehicles must also have rubber wheels in order to drive on the road, so roads cannot become damaged.
A permit is required to drive an IOH on the road, with some exceptions. Single vehicle IOHs must be less than 60 feet in length, two-vehicle IOHs must be less than 100 feet in length, and three-vehicle IOHs must be less than 100 feet in length if they drive less than 25 mph and less than 70 feet if they drive more than 25 mph.
In 2021, 147 crashes involving a farm tractor took place in Wisconsin. Of these crashes, 85 caused property damage, 57 resulted in an injury, and five were fatal.
Legal Action for an Accident
You are allowed to file a claim for a car or a tractor accident no more than three years after the accident has taken place. However, it is important to pursue legal action sooner, especially since evidence can still be fresh. Evidence that can be used in court includes any property or vehicle damage, as well as medical evidence if there has been an injury.
Wisconsin is not a no-fault state when it comes to accidents. There is a comparative negligence law that is followed, known as the 51% rule. This means that you can pursue damages as long as you are 50% or less at fault for the accident. Your recovery will then be reduced by your percentage of fault.
However, if you are deemed 51% at fault for the accident, you will be unable to claim a settlement. Percentages are determined in court based on the evidence presented. Fault is determined by negligence.
FAQs
Is Wisconsin a No-Fault State for Car Accidents?
No, Wisconsin is not a no-fault state for car accidents. They follow a specific comparative negligence rule known as the 51% rule. If someone is more than 50% at fault, they cannot recover damages for the accident. If a person is 50% or less at fault, any recovery is reduced by their percentage of fault, based on the evidence presented in court.
Can You Drive a Tractor on the Road in Wisconsin?
Yes, you can drive a tractor on the road in Wisconsin under certain conditions. Tractors are generally classified as Implements of Husbandry (IOH) and are allowed on the road as long as they have rubber wheels and will not damage the road they are driving on. When it’s dark out, you are not allowed to drive a tractor on the road unless it has lighting and markings.
What Is the Minimum Amount of Property Damage Required to Report an Accident?
In Wisconsin, you must report an accident when there is at least $1,000 in property damage, $200 in government property damage, or if someone has been injured. You are required by law to report the accident immediately. You can report an accident yourself or have a law enforcement officer assist you.
What Are the Rules for Tractors on the Road?
If you are driving a tractor on a main road, it must have rubber wheels and cannot damage the road it is driving on. Tractors usually have the right of way when a car is about to pass them, since motorists must wait for a tractor to pass on the road before proceeding in a no-passing zone. Tractor drivers are also allowed to have more space on the road since tractors are heavier and take longer to stop.
Hire a Car Accident Lawyer
Getting into an accident on the road can be scary and even life-changing. If you have gotten into an accident while driving a car or a tractor, it is important to have the right representation in court. At Craig Steger, we have over twenty years of proven experience with farm accidents, heavy machinery accidents, and trucking accidents. For a free consultation, give us a call or visit our La Crosse office.
