cattle hit by truck(dont know what forum to put this in)

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dieselbeef

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nieghbors cattle got thru the fence and got plowed by a semi. miraculously the truck only hit one cow. the rest apparently were in the ditch. they drove the semi off and left the now dead cow in the ditch. guess they dont know whos animal it was so both the sherriff and the fire dept left. bout 9pm. well after dark

what kind of liabilitys are in this situation.ive got ins against this happening with my animals but this guys clueless. never even had cows til i sold em some. spose he'd be liabel for the damages?
 
Depending on the state yes, he is liable... I know we would be. I worry about things like that a lot, don't know how many times I have shot up in bed because I thought I left a gate open only to get over there and of course, the gate is closed. ..

Of course, there have also been the few times looking out the windor that I did have a cow or two walking around the yard at 8:30 at night... Always fun rounding up black cattle in the dark.. Red ones aren't any easier however.
 
Don't know your laws there. Here it would depend on the circumstance. We have had cars run through fences. This is something to bear in mind of they ever put a road through your place and divide it. You now have fence on each side of the road to maintain.
 
If the cow was on a public road, the owner of the cow would be liable for any damage to the truck here in virginia....guess it depends on where you are though....some states like wisconsin state that any cow has the right of way.... :)
 
could also be by local ordinance, not state law. check with your local sheriff to see what the rule of thumb is there.
 
According to my ALFA Insurance Agent here in Alabama, you are not liable for any damage to other's property if one of your cows gets out and is hit by a vehicle, unless it can be proven that -

1) You do not maintain your fences and keep them in good working condition.

2) You cows have a regular habit of getting out and in the road on a regular basis.

3) You are aware that your cows are out and but do not get them up.

Here in Alabama, if none of the above applies to you, the person driving the vehicle which hit the cows is responsible for the damage to their own vehicle.

I guess it all depends on where you live and what the state laws are for your area.
 
I have memories of my insurance agent telling us of a motocycliest who sued a place because the cows broke out and he collided with them breaking his neck. The cows had somehow gotten spooked and smashed through a section of guardrail fence and onto the road.. The farm owner lost the farm so to speak.. Now whether this was an accurate representaiton I don't know as everytime it is mentioned someone says "They had heard tha too" but noone seems to know who it happened too. happened before we moved to the area supposedly.


Some states liability laws are nicer than others... Illinois, I can't stand our laws.
 
I know what you mean IL Rancher. By the way we live just down the Spoony from you.
 
I guarantee you that some Ambulance chasing Lawyer, would find a way to show the stock owner was negligent. Tennessee has a Law that all fences next to a road are to be at least 6 strands of Barb Wire, or 4' Field Fence with a strand of Barb at the top. A lot of folks dont comply with that fence law.
 

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