Just Curious

[wacocowboy]

Let's say you hit a deer or hog on an FM road and the reason you hit it is cause the grass in the ditches is like 5ft tall so you couldn't see the deer or hog. Could you successfully sue the county for not mowing?

I was driving home last night and two bucks jumped out in front of me I didn't hit them but never saw them cause of the grass so it got me thinking.

You lost this one before you started you can't even sue the owner if a cow or horse is out on a FM much less the state unless you can prove willful neglect by the owner. That gets under the sufficient fence statute.

Not saying you are wrong but for the sake of argument. Couldn't you argue the government willfully neglected the ditches by not having a contractor who mowed them regularly? We all know the deer belong to the state of Texas and everyone knows a barbwire fence won't hold a deer so aren't they failing in keeping their animals off the road. If they know their animal is going to be on the side of the road shouldn't they make the best efforts to where drivers can see and have a chance to avoid the animals?

 

[wacocowboy]

FM's are taken care of by the state.

To answer your question, no. How could you make a case of when the grass is to tall? Does it have to be 2', 3' or what. They are just as likely to come out of a drainage where it wouldn't matter.

If FMs are taken care of by the state why do they stop mowing at the county line? The road I was on part of in is in McLennan county and part is in Falls county. The McLennan part is mowed the Falls part is 5ft tall.

Waco around her it looks like contractors do the mowing. But you're right, they do stop at the county line. Maybe a different contractor will mow the other county (someday). :lol:

Knowing Falls county whoever the contractor is probably pocketed the money and said screw it. :lol2:

 

[cowgirl8]

Here you can hit a deer, even if the grass is eye level with a nat....stop and let 10 run across... Number 11 comes outa nowhere ... If you don't have full coverage..you'll pay at the big window...

I taught my kids that deer have that one friend that crosses long after the others. Its almost always true. See a group of deer cross way in front of you, slow down anyway.... My oldest daughter did not heed my warnings and hit a big buck that crossed out after a big group. Didn't total her car and she did called the GW to see if she could eat the deer..She now slows down..

 

[M-5]

goodwill has the mowing contracts here and they do a pisspoor job . IMO

 

[cowgirl8]

Grit it is almost impossible to sue the government in Texas and win
Deer do not fall under livestock law but that of natural resources.
The state owns them.

I've heard many times that on farm to market roads the livestock owner is never responsible for someones car if they hit a cow on the road, but rather its the drive who pays for the cow.. This is not true. A neighbor had a cow hit, totaled the persons car and put them in the hospital. Was a really horrific wreck. Technically, it shouldn't have been the fault of the cows owner, but, there were enough people to give evidence that the cows had been out repeatedly....so this neighbor got sued for 200,000....his homeowner insurance paid it....so, if you hit a cow on a farm to markets road, see if you can get witnesses to vouch that the cows get out regularly..

 

[ALACOWMAN]

Here you can hit a deer, even if the grass is eye level with a nat....stop and let 10 run across... Number 11 comes outa nowhere ... If you don't have full coverage..you'll pay at the big window...

I taught my kids that deer have that one friend that crosses long after the others. Its almost always true. See a group of deer cross way in front of you, slow down anyway.... My oldest daughter did not heed my warnings and hit a big buck that crossed out after a big group. Didn't total her car and she did called the GW to see if she could eat the deer..She now slows down..

ive watched the idiots jump the same fence 4 or 5 times before,,run down it over then back across... Yep after all you thought were across the road.. Better wait on the straggler..they will jump right in the middle of your hood

 

[Bright Raven]

Lawsuits are specific to location, circumstances and venue, but in general the government is liable for injury caused by failing to maintain its right of ways and properties. I found this information specific to injury related to vegetation being involved in damages:

Cooperative Highway Research Program (NCHRP) prepared a report under Project 20-6, "Legal Problems Arising Out of Highway Programs." The following is a brief summary of a supplement and update to the part of that report entitled "Liability of the State for Injury or Damage Occurring in Motor Vehicle Accident Caused by Trees, Shrubbery, or Other Vegetative Obstruction Located in Right-of-Way or Growing on Adjacent Private Property. The original report was prepared by John C. Vance. All of these papers are part of Selected Studies in Highway Law (SSHL) published by the Transportation Research Board.

State and local governments are increasingly looking for ways to minimize their liability when personal injury or damage to personal property occurs as a result of a highway accident. Since highway officials find themselves responsible for providing safe, well- maintained roads for vehicular travel, the cases reviewed and the guidelines furnished in this supplement should be helpful in determining how courts are likely to interpret governmental responsibility in this area. The information contained here should be helpful to right-of-way officers, risk managers, design and maintenance engineers, safety officers, and attorneys responsible for tort matters.

 

[Bright Raven]

I've found out first hand.
Most utility companies, government offices and services etc are protected by a tort .and cannot be sued except in cases of gross negligence.

Tort liability and governmental immunity has limitations. Even in civil cases, the burden of proving negligence or willful misconduct exists.

 

[wacocowboy]

Here you can hit a deer, even if the grass is eye level with a nat....stop and let 10 run across... Number 11 comes outa nowhere ... If you don't have full coverage..you'll pay at the big window...

I taught my kids that deer have that one friend that crosses long after the others. Its almost always true. See a group of deer cross way in front of you, slow down anyway.... My oldest daughter did not heed my warnings and hit a big buck that crossed out after a big group. Didn't total her car and she did called the GW to see if she could eat the deer..She now slows down..

That is a rule I follow if I see one cross I slow way down looking for others. One day had to come to a complete stop as I watched 12 of them cross.

 

[Caustic Burno]

Let's say you hit a deer or hog on an FM road and the reason you hit it is cause the grass in the ditches is like 5ft tall so you couldn't see the deer or hog. Could you successfully sue the county for not mowing?

I was driving home last night and two bucks jumped out in front of me I didn't hit them but never saw them cause of the grass so it got me thinking.

You lost this one before you started you can't even sue the owner if a cow or horse is out on a FM much less the state unless you can prove willful neglect by the owner. That gets under the sufficient fence statute.

Not saying you are wrong but for the sake of argument. Couldn't you argue the government willfully neglected the ditches by not having a contractor who mowed them regularly? We all know the deer belong to the state of Texas and everyone knows a barbwire fence won't hold a deer so aren't they failing in keeping their animals off the road. If they know their animal is going to be on the side of the road shouldn't they make the best efforts to where drivers can see and have a chance to avoid the animals?

Deer are not livestock to be controlled they are natural resources so they don't fall under sufficient fences.
The deer jumping in front of you vehicle is considered an act of God.

 

[Bright Raven]

An Act of God argument can be made for the actions of the deer. However, the role of the State in not cutting vegetation is a factor in the driver not being able to see the deer come into the pathway of a motor vehicle. Maybe Texas or other states have governmental immunity for failure to maintain their right of way. I know in Kentucky, lawsuits have been filed and won based on the negligence of the State to maintain roads and right of ways.

 

[cowgirl8]

I've noticed that more and more semis are getting guards for the front of their trucks. I rarely go to town and not see a fresh deer on the side of the road. People either need to get hungry or be better shots.....

 

[ALACOWMAN]

You lost this one before you started you can't even sue the owner if a cow or horse is out on a FM much less the state unless you can prove willful neglect by the owner. That gets under the sufficient fence statute.

Not saying you are wrong but for the sake of argument. Couldn't you argue the government willfully neglected the ditches by not having a contractor who mowed them regularly? We all know the deer belong to the state of Texas and everyone knows a barbwire fence won't hold a deer so aren't they failing in keeping their animals off the road. If they know their animal is going to be on the side of the road shouldn't they make the best efforts to where drivers can see and have a chance to avoid the animals?

Deer are not livestock to be controlled they are natural resources so they don't fall under sufficient fences.
The deer jumping in front of you vehicle is considered an act of God.

. I know you didn't coin the phrase,,but folks must think GOD gets a kick outa stuff like that...

 

[Bright Raven]

Not saying you are wrong but for the sake of argument. Couldn't you argue the government willfully neglected the ditches by not having a contractor who mowed them regularly? We all know the deer belong to the state of Texas and everyone knows a barbwire fence won't hold a deer so aren't they failing in keeping their animals off the road. If they know their animal is going to be on the side of the road shouldn't they make the best efforts to where drivers can see and have a chance to avoid the animals?

Deer are not livestock to be controlled they are natural resources so they don't fall under sufficient fences.
The deer jumping in front of you vehicle is considered an act of God.

. I know you didn't coin the phrase,,but folks must think GOD gets a kick outa stuff like that...

I know you mean that as humor. The Act of God argument is often made in environmental law. For example, a sedimentation pond that is properly designed fails due to a 100 year precipitation event. Expect the mining company to at least attempt to make an Act of God claim.

 

[ALACOWMAN]

Deer are not livestock to be controlled they are natural resources so they don't fall under sufficient fences.
The deer jumping in front of you vehicle is considered an act of God.

. I know you didn't coin the phrase,,but folks must think GOD gets a kick outa stuff like that...

I know you mean that as humor. The Act of God argument is often made in environmental law. For example, a sedimentation pond that is properly designed fails due to a 100 year precipitation event. Expect the mining company to at least attempt to make an Act of God claim.

. True. But high percentage of folks take it literally...they hear it and think,what kind of God would let that happen..they don't believe he heals, but their quick to blame him...they should keep the term a act of nature...the mod will probably delete this post, if so,, then consider it a act of nature

 

[Bright Raven]

. I know you didn't coin the phrase,,but folks must think GOD gets a kick outa stuff like that...

I know you mean that as humor. The Act of God argument is often made in environmental law. For example, a sedimentation pond that is properly designed fails due to a 100 year precipitation event. Expect the mining company to at least attempt to make an Act of God claim.

. True. But high percentage of folks take it literally...they hear it and think,what kind of God would let that happen..they don't believe he heals, but their quick to blame him...they should keep the term a act of nature...the mod will probably delete this post, if so,, then consider it a act of nature

I don't know the history of it. It would be easy to look up. I have personally had violations that I served contested based on the "Act of God" claim. In my experience, no one in the case, usually before an administrative law judge, took it literal. It is treated as an act of nature.

 

[ALACOWMAN]

Well if the good Lord did it,,,he should atleast pay the deductible...

 

[Bright Raven]

Well if the good Lord did it,,,he should atleast pay the deductible...

I agree 100 %.

:banana:

 

[HDRider]

[youtube]https://youtu.be/RFCrJleggrI[/youtube]

 

[D2Cat]

Well then, do atheist still collect on insurance claims deemed "Act of God"? :lol: