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  1. #1
    Join Date
    Apr 2018
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    New England
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    7

    Default Accident Due to a Transmission Malfunction

    My question involves an injury that occurred in the state of: Rhode Island

    My friend bought a new John Deere D 105 lawn tractor w/ RIO last year. While mowing the lawn he went to put it in reverse it and instead it went forward over a 6' stone wall. The fall put him in intensive care at the VA hospital with three broken ribs a punctured lung and the loss of 3-4 pints of blood. He very nearly died.

    How does one find a reputable attorney to handle a case like this...

    Please no 'In pain call John Wayne' ambulance chasers

    Thanks

  2. #2
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Near Fatal Accident: John Deere D105 Lawn Tractor Recalled Faulty Transmission

    This is not a lawyer referral forum. If you look at the top of the page there is a button that says "Lawyers" that does have info on lawyers. Your friend can also contact the RI State Bar also has a lawyer referral feature. https://www.ribar.com/LRS/Referral.aspx

  3. #3
    Join Date
    Sep 2005
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    98,846

    Default Re: Accident Due to a Transmission Malfunction

    Tips for hiring a personal injury lawyer. If this was in fact due to a transmission failure, he should seek a lawyer who handles product liability cases.

  4. #4
    Join Date
    Oct 2016
    Posts
    1,131

    Default Re: Accident Due to a Transmission Malfunction

    Quote Quoting gadfly187Vet
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    While mowing the lawn he went to put it in reverse it and instead it went forward...
    Why did it go forward? Sounds like operator error - it's very easy to step on the wrong pedal if you're not paying attention to what you're doing.

  5. #5
    Join Date
    Apr 2018
    Location
    New England
    Posts
    7

    Default Re: Accident Due to a Transmission Malfunction

    Quote Quoting Highwayman
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    Why did it go forward? Sounds like operator error - it's very easy to step on the wrong pedal if you're not paying attention to what you're doing.
    It went forward because of poor engineering. It's a cheap tractor made by another manufacturer marketed in John Deere greed, I mean green.

    If Deere is recalling them it's for a reason.

    I've got a Kubota with a loader and backhoe and a farm, I know what a poorly engineered machine is. So IMHO not operator error. Thanks

  6. #6
    Join Date
    Sep 2005
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    Default Re: Accident Due to a Transmission Malfunction

    Quote Quoting Highwayman
    View Post
    Why did it go forward? Sounds like operator error
    I can't find any details on the nature of the transmission failure, except that it is likely to cause accidents. If the defect caused the transmission to fail to properly shift, then the driver may have shifted into reverse yet move forward when the accelerator is depressed.

  7. #7
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Accident Due to a Transmission Malfunction

    Mr. K, that "lawn tractor" doesn't have an accelerator, per se. The speed is set by a lever on the "dashboard." Like many other tractors , there are two pedals on the right side. Depressing the inner one engages the transmission to drive the tractor forward. Depressing the other makes it go backwards. I suspect that unless they can show the tractor was somehow defective, everybody is just going to assume that he pushed the wrong pedal. It happens fairly frequently. Most just release the pedal and get on the other one. Some panic and keep their foot pressed down until an accident (such happens when people think they're stepping on the brake but are stomping the accellerator to the floor).

  8. #8
    Join Date
    Sep 2005
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    98,846

    Default Re: Accident Due to a Transmission Malfunction

    No doubt, there is a possibility of operator error. That should not be difficult to determine from an expert evaluation of the tractor and transmission -- if the transmission worked after the accident, with the caveat that there is no indication on the consumer recall notices of the nature of the failure that triggered the recall, it's unlikely that it "failed" so as to cause the accident.

  9. #9
    Join Date
    Apr 2018
    Location
    New England
    Posts
    7

    Default Re: Accident Due to a Transmission Malfunction

    Might want to watch this video: https://www.youtube.com/watch?v=ErAEQVK5x4U

  10. #10
    Join Date
    Oct 2016
    Posts
    1,131

    Default Re: Accident Due to a Transmission Malfunction

    Quote Quoting gadfly187Vet
    View Post
    So IMHO not operator error. Thanks

    Except that your opinion doesn't mean much legally. If you weren't there to witness the accident you don't really know what happened.

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