Tractor Accident Lawyer in West Texas

Tractors and other farm equipment are essential to agriculture across West Texas, and they are also among the most dangerous machines on any farm. Rollovers, runovers, equipment entanglements and crushing injuries can end a life or permanently change it. If you or a family member was hurt in a tractor accident, the Daspit Law Firm can help you understand who may be legally responsible.

Common Types of Tractor Accidents

•       Rollovers, especially on slopes and uneven ground

•       Runovers of workers, family members or bystanders

•       Power take-off (PTO) shaft entanglements

•       Crushing and pinning injuries

•       Collisions between tractors or farm equipment and vehicles on public roads

According to the National Institute for Occupational Safety and Health (NIOSH), tractor overturns are a leading cause of death on U.S. farms.

Who May Be Liable for a Tractor Accident?

The Tractor or Equipment Manufacturer

If a design flaw, missing safety device or manufacturing defect caused the accident, or if the manufacturer failed to warn about a known danger, you may have a product liability claim. See our product liability page. Rollover protective structures (ROPS) and seat belts are key safety features, and federal OSHA rules require them on certain tractors used by employers in agricultural operations.

Your Employer

Employers must provide a reasonably safe workplace, proper training and well-maintained equipment. If you were not trained or you were told to use unsafe equipment, your employer may be responsible even if your own actions played a part. Many Texas farm and ranch employers do not carry workers' compensation insurance, which can mean you are able to sue. See non-subscriber work injuries.

The Driver or Equipment Operator

If someone else was operating the tractor when you were hurt, as a passenger or as someone nearby, that operator may be responsible for negligence.

A Landowner or Equipment Owner

Owners who lend, rent or maintain equipment may be responsible if the equipment was defective or unsafe.

What Compensation May Be Available?

•       Medical expenses, including surgery, rehabilitation and prosthetics

•       Lost wages and lost earning capacity

•       Pain and suffering and mental anguish

•       Physical impairment and disfigurement

•       Wrongful death damages for surviving family members

Steps to Take After a Tractor Accident

•       Get emergency medical care.

•       Do not allow the machine to be repaired, sold or altered; the equipment is evidence.

•       Photograph the equipment, the scene and your injuries.

•       Identify witnesses and keep records of medical bills and missed work.

•       Speak to a lawyer before giving a statement to an insurer.

Frequently Asked Questions About Tractor Accidents

What is ROPS and why does it matter?

A rollover protective structure (ROPS) is a frame designed to protect the operator if a tractor overturns, and it works with a seat belt. When ROPS is missing or defective, serious injuries and deaths are more likely.

Can I sue the tractor manufacturer?

Yes, if a defect in design, manufacturing or warnings caused or contributed to the accident. Keep the tractor and its parts unaltered.

Can I sue my employer if I was hurt on a farm?

Possibly. Many Texas farm and ranch employers do not carry workers' compensation. If your employer is a non-subscriber, you may be able to bring a negligence claim.

What if a family member was killed in a tractor accident?

Eligible family members may bring a wrongful death claim. See our wrongful death page.

How long do I have to file a claim?

Most Texas personal injury claims must be filed within two years. Product liability claims can have additional limits.