Cow hit by drunk driver

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afhm

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Unfortunately you do not have a case against him since the cow was on the road and not in your pasture.  But on the bright side, in Texas, he has no case against you unless it can be proved that you purposely put your cow on the road.  For example you cut your fence or fix a gate so your cattle can graze the road ditches.  Even if your fence is always in disrepair and your cows are always out on the road nothing can be done to you.  Now the sherrif's department can catch your cattle on the road and haul them to the sale barn if they become a constant danger to the public.  Now you might could pressure the guy just a little and get some compensation from him since he most likely doesn't know the law.
 

justintime

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I doubt very  much if he has a case against you if your fences are in good repair, and there is no prior history of your cattle being on the road on several occasions. I had a heifer killed on the highway about 5 years ago and it totalled the guys car. By the marks on the highway, and how far the heifer was from where the impact was, I have good reason to suspect that this guy was travelling far beyond the speed limit. He started to make some noise about me being responsible for the damage to his car, so I checked with the police. They told me that this was considered a similar situation to hitting wildlife on the highway, as the fence was new, and there was no noticeable place we could see where she had crawled out.

On a lighter note, several years ago a drunk driver( another neighbour who had a love affair with a good bottle) hit one of my neighbours Clydesdale horses. The horse was killed, the car totalled and the drunk driver  was taken unconscious by ambulance to the hospital. When he came too, the police wanted a report from him. He said that he was going home on a back road ( to avoid the police) after a " few" drinks with friends, and he suddenly saw two rabbits running down the road in front of his car. He said he was surprised when the rabbits stayed right in front of him, so he thought he could hit them both with his car, so he speeded up. The rabbits he thought he saw were the white socks on the Clyde horse.... and he did get them both with his car!
 

tlcattle

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florida
Vacanballs said:
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.

1] you should. if you could prove he was speeding or did this intentionally then he could go to jail for probable animal abuse. [i spent like 6 hours in a laywers office one day and ended up asking a bunch of quesions lol]
2&3] get a lawyer or just go in and talk to one. if he thinks you have a case go for it.
 

aj

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I think in Kansas there is a open range law. If you're cattle are not constantly out your are not liable as a livestock owner. However if your cattle are out everyday and you have people to witness to it or police reports filed as complaints I think you could "loose the farm". Video and cameras can be used by police to photograph. I would think you would be lucky not to loose your shirt if the cow was out on the road and got hit.I think it would be wise to let the incident fade away. There is a definition of a "legal fence" fence in Kansas. I think it is 3 wire. So an electric fence maynot be legal in court in some states. If one half of one % of the population are cattle owners I would think it would be hard to find a sympathetic jury in a lot of places.
 

JbarL

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land ownere would be responsible for keeping livestock securly kept.....drunk driver is responsible for damage caused by operating a motor vehicle while under the influence....it will boil down to the way the accident report is written ( and what lane the cow was in )......i would consult an attorney.....jbarl
 

aj

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western kansas
There are more people killed and maimed because of cell phone use rather than drunks. Leave us drunks alone and go after the people with cell phones.jmo ;D
 

yousesteers

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Emden, MO
consult a local lawyer that is versed in Agriculture law. I thought farmers were required to have liability insurance on their livestock we have to in MO and if the Stoc is out no matter the reason they are out the owner is responsible check local laws
 

gocanes719

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Mar 16, 2007
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afhm said:
Unfortunately you do not have a case against him since the cow was on the road and not in your pasture.  But on the bright side, in Texas, he has no case against you unless it can be proved that you purposely put your cow on the road.  For example you cut your fence or fix a gate so your cattle can graze the road ditches.  Even if your fence is always in disrepair and your cows are always out on the road nothing can be done to you.  Now the sherrif's department can catch your cattle on the road and haul them to the sale barn if they become a constant danger to the public.  Now you might could pressure the guy just a little and get some compensation from him since he most likely doesn't know the law.
That's not true.  I have a good friend being sued right nowin Texas because he had a calf get on the road and it totaled a lady's car.  She is suing him to get a new vehicle for the value of the one she flipped when she hit the already dead calf that was laying in the middle of the road.  He has good lawyer's reperesenting him so I know the possibility of him not beinl liable is not the case.  If there was no law holding him responsible he wouldn't be dealing with all of this. 
 

farwest

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Apr 14, 2008
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I would wipe my brow that the guy wasn't killed when he hit your cow.  I would also hold my breath every day for the next year when you go to the mailbox, hoping there ain't a letter from his attorney.  You thinking you have a case in my eyes is absurd.  Rural people in our area wouldn't even dream it.  We have the same law mentioned earlier in Kansas, but still in my eyes the cows don't belong on the roads last time i recalled.
 

LFFASHOWER

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May 30, 2007
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207
We also had a neighbor that's county fair steer got out one night and was hit by a drunk driver. About 8 months later that got a lawsuit against them.
 

aj

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I think we should ban cars. Look how many people are killed by these damn things. If we could save one life.....wouldn't it be worth it!
 
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