Cow hit by drunk driver

I recently had a cow hit and killed by a drunk driver. My cows have never been out before and there was no reason for her to be out on the road. The police could not find anywhere in the fence that she could have gotten out. It was really odd. There is a right to roam law for cattle in Texas on farm roads, so I'm thinking that legally the driver of the car was liable. A police report was taken and he was taken to jail.

My question is:

1) Do I have a case against the driver of the car?
2) How do I go about this?
3) Do I need legal help?

She was a very good cow. I bought her in the exposure sale in OKC in 2004 and as you know, those cattle are not cheap.

I'd say you have a case, I'd sure talk to a lawyer and see what your options are.

I live in Texas and have always been told that you must secure your livestock.  I can not imagine you could sue the person that hit your animal, but would think the exact opposite could happen. You may want to consult an attorney. 

Good luck, we had a bull got hit, the driver was stoned, drunk and had stole his Grandmas car, he did not have a drivers license. He hit the bull, went through a fence, hit some guys farm equiptment, car started on fire, he passed away 7 days later. Who got sued?  You guessed it!  Oh ya, passenger in the car said they were going between 90-110 mph, They reconstructed the scene, and said that was consistant with what they came up with.

I would also recommending consulting an attorney, I don't think that you are going to have any claim since your cow was off your property.  But, you need to protect yourself. 

Was the kind injured?  What kind of damage to his vehicle?

I have been thinking about doing a large umbrella policy just to cover moments like this.

I realize you're upset since it was one of your best but I would be satisfied to get out of it without losing your tail in the whole deal. I think pursuing damages against the driver could turn on you in a hurry.

Jason said:

I have been thinking about doing a large umbrella policy just to cover moments like this.

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do it, it's cheap.

Squeek said:

I realize you're upset since it was one of your best but I would be satisfied to get out of it without losing your tail in the whole deal. I think pursuing damages against the driver could turn on you in a hurry.

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on the other hand, it's never been tried, and if successful could set things on the right track for balance instead of just finding money and taking it no matter who's guilty.

that's the default so that everyone else gets paid rather than the people who lost property, you.

use a lawyer to stick it to the lawyer.

I agree with Squeek & Jason...get an umbrella policy for your farm that covers your animals. And if you don't already have it you're probably gonna open a can of worms by pursuing compensation for your cow.  JMO...

Well whatever you do it sure is hard to lose a good cow and it can make you mad when it is for a bad reason like this good luck (thumbsup)

I am not sure if you have a case....was she covered on an insurance policy, etc.  BUT (and I know this from experience-happened to our neighbor) it depends on what type of road way your livestock were on.  If it were a state hwy (ex: hwy 123) or an FM (FM 1682) or County Road (dirt road).  If it was on a hwy you are liable (my neighbor lady who is in her 60's) hit a black cow at night on a state hwy and was in critical condition for a few weeks....and she hasn't paid a single penny for her bills (many surgeries to fix broken bones, etc.).  If you are on a FM or County Road, that is a different story.  They(the alcoholic driver) should be liable for your loss.  I live in Texas, too.  That really chaps my rear end that that happened.  Sorry for your loss.

I thought that since the Original Poster mentioned the Right to Roam law on farm roads, then maybe the accident occurred on one of those.  I agree that if the accident was on a Highway, then I would just try to cover my butt and keep out of trouble, but if it was in an area that allows roaming, then I'd check into seeing what could be done.

did we forget he was drunk at the time?

zach said:

did we forget he was drunk at the time?

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The justice system can't be bothered by insignificant little details like that Zach.  Duh.

I have first hand experience with this issue from the opposite side - I hit a black cow standing in the middle of the highway at night.  Never saw her and hit her doing about 70.  Luckily - I didn't swerve and hit her straight on so it didn't roll us.  Didn't do much for the cow though.

Highway patrol that showed up told me that this guy's cows were out pretty regularly.  However, a landowner has an obligation to have a reasonable fence up.  Apparently the definition of reasonable is something only slightly better than a single strand of wire.  Short story, he wasn't liable for any damage to me and I wasn't liable for killing his cow.  It's just considered an accident.  Gross negligence on anyone's part would be very hard to prove.

Even with the DWI issue, I doubt you have a claim.  Lawyer can eat up the price of even an expensive cow in a hurry.

What you have to consider is this:
  1.  You are responsible for controlling your animals and keeping them on your property.
  2.  Was the fact that the driver was drunk the cause of the accident?  Would a sober person have not hit the cow?

It's unfortunate and sad that your cow was killed.....however, I hate to tell you that you have the responsibility of confiining your livestock.  A couple of years ago a neighbor's miniatrue horse got into our pasture and freaked our full size horses out!  Actually ran them thru a fence.  The neighbor refused to pay my horses' vet bills.  I got the Justice of Peace involved and he informed the neighbor that in Texas you have to maintain control of your livestock and are responsible for any damages they cause.  The neighbor paid the vet bill!  Good luck!

I think if you have the roaming law on your side, I'd go after them for the animal, if you dont see your lawyer bill outweighing the cost of the cow. If it was on a highway, no roaming law, I'd definitely be looking into a policy that'd cover me in situations like this. Assuming the mindset of the individual(irresponsible and stupid) they will probaly try to come after you saying " we wouldnt have crashed if there wasnt a cow there." I'm just saying I'd be looking at covering my butt right now and worry about compensating you cow later. JMO

This did happen on a farm to market road and the police report showed the vehicle crossing the center line to hit the cow. The driver was not injured (the drunk ones never are). This actually happened in late October. The cows had never been out before and there was no area in the fence that was down. I estimated the cow being worth $5000

was there hoof skid marks?  did the vehicle try and avoid the cow?  not clear.

In oklahoma they are liable if you don't have a lot of police re pots that they are out often then it is their responseability. I think you have a real good case see a lawyer. roni