Boone County, IN — May 15, 2018, Joseph Garst sustained injuries following an accident where a box truck crashed into his tractor along the highway.
According to preliminary investigations from the Boone County Sheriff’s Department, the incident occurred off the corner of US 52 and 700 N just after 2:00 p.m.
Police officials stated that 66-year-old Garst was along the side of southbound US 52 in a farm tractor. While traveling, a southbound box truck somehow failed to notice the tractor, crashing into the back of the vehicle.
The collision ejected Garst onto the roadway where he sustained critical injuries. EMS transported him to a local hospital for intensive care. The truck driver received treatment at the scene.
At this time, additional details surrounding the accident remain unclear at this time.
Map of the Area
A lot of times when a truck driver hits a farm tractor, it’s not unusual to hear the trucking company say, “Well how was our driver supposed to expect a slow-moving machine on the highway?” Essentially, they’re boiling the issue down to foreseeability.
In civil law, someone is liable for an accident if the accident was foreseeable. If a person could reasonably foresee such an accident occurring, they likely wouldn’t bear responsibility for the accident. With an accident like this, however, foreseeability should be pretty clear.
Any driver should understand the possibility of encountering farm equipment in the roadway while traveling through a rural area. This is especially true for a professional truck driver. As such, saying there was no way to know a tractor would be on the highway just doesn’t hold water.
That said, the flimsiness of such a claim rarely stops trucking companies from trying to use it anyway. As such, victims and families need to ensure they have a solid case to ensure the trucking company accepts full responsibility.
–Grossman Law Offices