Nebraska Agricultural Vehicle & Equipment Accident Lawyers
Farm equipment accidents are some of the most serious injury cases we see. Tractors weigh several tons and can roll over on slopes or uneven ground. Combines have exposed moving parts that can pull someone into the machinery. A grain auger can cause an amputation in seconds if clothing gets caught.
These aren’t typical car accidents or motor vehicle accidents. The equipment involved is designed to harvest crops and work fields—not necessarily only to protect people. Most of this machinery lacks basic safety features you’d find in a passenger vehicle. Older tractors often don’t have rollover protection. Safety guards get removed because they interfere with maintenance. Emergency shutoffs are missing or don’t work properly.
Whether you were hurt while operating equipment, injured in a collision with farm machinery on a rural road, or hurt by defective equipment, you need an attorney who understands how these cases work. At Walz Law Offices, P.C., L.L.O., we’ve handled agricultural accident cases throughout Nebraska. We know the equipment, the liability issues, and how to prove these cases.
Common Types of Agricultural Equipment Accidents in Nebraska
Tractor Rollovers/ Accidents
Tractors cause more farm deaths than any other equipment. They’re top-heavy and tip easily on hills, slopes, or when a wheel drops into a ditch. Older tractors—and thousands are still in use across Nebraska—don’t have rollover protection structures. When a tractor tips, there’s nothing between the operator and several tons of machinery. Tractor accidents also happen on county roads when they’re moving between fields at 20 mph and cars crest a hill doing 60 mph. These collisions are especially common during morning and evening hours when visibility is poor, particularly during planting and harvest season.
Slow-Moving Vehicle Collisions
Farm equipment on public roads often travels at 15 to 25 mph on highways where traffic moves at 55 to 65 mph. Despite slow-moving vehicle triangles, equipment can be hard to see at dusk or in dusty conditions. Drivers don’t realize how fast they’re closing in on equipment, or they try to pass on curves or hills. During harvest when farmers are moving equipment at all hours, these accidents spike. Equipment that’s wider than the lane creates additional hazards when cars try to squeeze by.
Grain Augers & Conveyor Systems
Augers move grain from trucks to bins with a rotating screw mechanism inside a tube. If a hand, arm, or piece of clothing gets near the intake, it pulls you in instantly. The injuries are devastating—usually traumatic amputations. These accidents happen when someone tries to clear a jam or when equipment gets turned on while someone is working on it. Many farms have no lockout procedures, so someone can hit the switch while another person is near moving parts.
Combine & Harvesting Equipment
Combines have multiple moving parts—headers that cut crops, conveyors that move them, and threshing mechanisms that separate grain from stalks. Equipment runs long hours during harvest and breaks down frequently. When something jams, farmers are under pressure to fix it fast and get back in the field. Accidents happen when someone reaches into mechanisms to clear jams without shutting down the machine, or when guards are missing and hands or arms get pulled into moving parts.
PTO (power take-off) Entanglement
The power take-off shaft connects tractors to implements like balers and mowers, spinning at 540 or 1,000 RPM. When the protective shield is missing or damaged, loose clothing catches on the spinning shaft and wraps around it, pulling the person into the machinery in seconds. PTO accidents cause some of the worst injuries in farm cases—severe lacerations, broken bones, traumatic amputations, and often death. Many older tractors and implements either never had PTO shields or the shields were removed and never replaced.
Balers & Hay Equipment
Balers have mechanisms that compress hay and tie it into bales, with intake areas, compression rollers, and moving tying mechanisms. Hands and arms get caught when someone tries to clear jammed material or adjust equipment while it’s running. The injuries usually affect hands, arms, and shoulders—crushed hands, traumatic amputations, and severe fractures.
Grain Bin Entrapment
When grain is unloaded from the bottom of a bin, it flows like liquid. Someone standing on the grain surface can be pulled down into the flowing grain in seconds. Once you’re waist-deep, the pressure makes it nearly impossible to pull yourself out. People enter bins to break up clumped grain or check on unloading progress and can be completely buried within seconds. These accidents typically result in suffocation deaths.
Who Is Liable for Agricultural Equipment Accidents in Nebraska?
Determining liability in farm equipment accidents often involves multiple parties. Unlike simple car accidents, agricultural cases may include product liability claims, premises liability issues, and questions about equipment maintenance and safety training.
Equipment Manufacturers:
If a design defect, manufacturing defect, or failure to warn contributed to the accident, the manufacturer can be held liable. This is especially common with older farm equipment that lacks modern safety features like ROPS on tractors, PTO guards, or emergency shutoffs. Even if the equipment is decades old, manufacturers can still be liable if they knew about safety risks and failed to retrofit existing equipment or warn users.
Farm Owners & Operators:
Farm owners have a duty to maintain equipment in safe working condition, provide proper safety training, and ensure safety guards and protective devices are in place. If negligent maintenance, failure to replace worn parts, or removal of safety guards contributed to an accident, the farm owner may be liable. This applies whether the injured person is an employee, family member, or visitor to the property.
Equipment Dealers & Sellers:
Dealers who sell used farm equipment have a responsibility to ensure the machinery is safe for operation. If a dealer sells a tractor without ROPS, a baler with missing guards, or equipment with known defects, they may share liability for resulting injuries.
Maintenance & Repair Companies:
Third-party companies hired to service farm equipment can be liable if improper repairs, failure to replace safety components, or negligent maintenance caused or contributed to an accident.
Other Drivers:
When agricultural equipment accidents happen on public roads, liability may fall on other motorists who fail to yield right-of-way to slow-moving vehicles, attempt unsafe passing maneuvers, or drive too fast for conditions. Nebraska law requires drivers to exercise caution around farm equipment, especially during planting and harvest seasons.
Landowners:
If someone is injured by unsafe conditions on farm property—such as hidden hazards, improperly stored equipment, or dangerous machinery left accessible to children—the landowner may be liable under premises liability law.
Nebraska’s comparative fault law allows injured victims to recover compensation even if they share some responsibility for the accident, as long as they are not more than 50% at fault. This means liability can be divided among multiple parties based on their respective contributions to the accident.
Frequently Asked Questions About Nebraska Agricultural Accidents
Farm equipment accidents aren’t like car crashes. The liability issues are different, the insurance is more complicated, and the laws don’t always work the way you’d expect. Here are answers to the questions we hear most:
Who is liable when a car hits a slow-moving tractor on a Nebraska road?
Liability depends on the specific facts of the case. Nebraska law allows shared fault, meaning both parties can be held responsible for their actions. Factors include whether the tractor displayed a proper slow-moving vehicle triangle, whether lights were functioning if required, whether the tractor operator took reasonable safety precautions, and whether the other driver was speeding, distracted, or failed to keep a proper lookout. We investigate the accident scene, review police reports, and work with accident reconstruction experts to determine liability.
What if the accident involved old farm equipment without modern safety features?
Older farm equipment often lacks safety features like rollover protection structures (ROPS), PTO guards, and emergency shutoffs that are standard on modern machinery. Equipment manufacturers can still be held liable if they knew about safety risks and failed to retrofit existing equipment, provide adequate warnings, or offer affordable safety upgrades. We pursue product liability claims against manufacturers even when equipment is decades old if a design defect or failure to warn contributed to the accident.
Can I sue the manufacturer if I was injured by old farm equipment?
Yes, if a defect in the equipment contributed to your injury, the manufacturer may be held liable. This can include design defects (like tractors without ROPS), manufacturing defects (faulty parts or assembly), or failure to warn about known risks. Even if the equipment is 20, 30, or 40 years old, manufacturers have a continuing duty to warn users about hazards they discover after the equipment was sold.
What if I was injured on someone else's farm while visiting or making a delivery?
If you were injured due to unsafe conditions on someone else’s farm property, the property owner may be responsible under premises liability law. Nebraska law requires property owners to maintain reasonably safe conditions for visitors and warn about hidden dangers. Liability depends on whether the owner knew or should have known about the hazard and whether they took reasonable steps to make the property safe or warn visitors. This applies to delivery drivers, equipment repair technicians, veterinarians, and other business visitors to farm property.
How long do I have to file a lawsuit for an agricultural accident in Nebraska?
If you were injured due to unsafe conditions on someone else’s farm property, the property owner may be responsible under premises liability law. Nebraska law requires property owners to maintain reasonably safe conditions for visitors and warn about hidden dangers. Liability depends on whether the owner knew or should have known about the hazard and whether they took reasonable steps to make the property safe or warn visitors. This applies to delivery drivers, equipment repair technicians, veterinarians, and other business visitors to farm propertyIn Nebraska, the statute of limitations for most personal injury cases, including agricultural accidents, is four years from the date of injury. Product liability claims also generally have a four-year deadline. However, wrongful death claims must be filed within two years of the date of death. These deadlines are strict, and waiting too long can prevent you from pursuing compensation. It’s important to consult with an attorney as soon as possible after an agricultural accident to protect your rights and preserve evidence.
What if I was working on a family farm when I was injured?
Family farm accidents raise complex questions about whether you can pursue a claim. If the farm has workers’ compensation insurance and you’re considered an employee, you may be limited to workers’ compensation benefits and unable to sue the farm owner. However, you can still pursue claims against equipment manufacturers, maintenance providers, and other third parties. If the farm is exempt from workers’ compensation requirements or you’re not considered an employee, you may be able to pursue a negligence claim against the farm owner. We can review your situation and explain your legal options.
Can I recover compensation if I was partially at fault for the accident?
Yes. Nebraska follows a modified comparative fault rule, which means you can recover compensation even if you share some responsibility for the accident, as long as you are not more than 50% at fault. Your compensation will be reduced by your percentage of fault. For example, if you’re found 20% at fault and your total damages are $500,000, you would recover $400,000. Even if you think you might have contributed to the accident, you should consult with an attorney to understand your rights.
Work With a Dedicated Agricultural Accident Lawyer Serving Nebraska
If you or a family member has been seriously injured in an agricultural equipment accident anywhere in Nebraska, Walz Law Offices, P.C., L.L.O. can help you pursue the compensation you deserve. We understand the unique challenges of farm equipment cases, from proving product defects in older machinery to navigating workers’ compensation issues on family farms.
Call 402-998-5044 or fill out our contact form to schedule a free initial consultation. We’ll review your case, explain your legal options, and give you honest advice about the best path forward.
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