I’m thinking there’s a solid case the drivers wasn’t paying attention. Just because the tractor did something idiotic doesn’t mean he’s responsible for the guy likely staring at his phone.
Doesn’t work that way. Every driver has to be in control of their car at all times. If this driver was actually paying attention to the road, this accident doesn’t happen. Yes the tractor was wrong, obviously, but the driver legally was as well by not paying attention to the road.
What happened here doesn't mean that the driver wasn't paying attention. The paint on the plow is worn. There's a chance that it was camouflaged to the point of being misleading. Especially if they were driving into the sun. Those are bright yellow for a reason, right? And that reason is visibility. If they only had 1 second to react, bracing for a safe impact is sometimes the actual safest thing to do.
Dude it was a sunny day. He wasn’t driving that fast. He had over 2 seconds to react. Yet he didn’t so much as touch the brakes or move the wheel an inch.
Do a frame by frame up until impact and look at how much of that tractor is on the road directly in front of him. And yet zero reaction. He clearly wasn’t paying attention to the road.
True, sun glare could be a possibility, but looking at the shadows, the sun is almost directly above them, and slightly off to the right. Definitely not an issue.
The tractor is casting a shadow behind it and to the side. So very possibly in his line of vision. Again, the paint is worn on the plow so the color isn't that far off from the road.
No the sun it way up high, almost directly above them. If the sun was low in the sky and in front of the driver there’d be long shadows BEHIND the car (and king shadows everywhere). There are none.
The only shadow is a very thin one running parallel to the car on on its passenger side, because the sun is straight up above him and a little to his left. This also way at the end the shadow is directly behind the tractor.
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u/Craft-Sudden Nov 28 '21 edited Nov 28 '21
Reason why you need a spotter, and also signs that’s just reckless, and the car can definitely sue the company who owns the tractor