March 2015 – Nationwide Rural Road Safety

Case Study #1: Attorney Analysis

The following analysis of a tractor-motorcycle collision is courtesy of Donald G. Beattie, Beattie Law Firm, Des Moines, Iowa, and offered as a sample of assessing liability:

This is a very good case from both a liability and damages standpoint. Very simply stated and I would repeat continually is that the defendant violated state law by having no reflector. A violation of state law is per se negligence. In other words, the jury will be told that if you find that the defendant (farmer) did not have a reflector or other warning device (a given in this case), the defendant is negligent. The remaining finding for liability against the defendant is whether a causal connection can be established, which I believe it will. The defendant can argue all it wants, but the very purpose of the law is to prevent what happened in this case.

– See more at: http://www.ruralroadsafety.com/attorney-analysis#sthash.kRltVjuR.dpuf

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