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who is liable when a cow is hit by a car?

A

Anonymous

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My family owns a ranch in New Mexico but we also lease some land from a local farmer to run a few head of cattle on. Recently, one of our cows got out of the fence, wandered onto the road, and was hit and killed by a car. The person who hit the cow now wants to sue us for medical and auto repair bills. We are insured but would like to know for sure if we are totally liable for the accident. Who would we contact to find out?
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A

Anonymous

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I'm not sure (other then an attorney)who to contact, but I think if the cow got out because of poor fencing, they have the legal right to sue you. Probably, what they would try to do is sue you and if they didn't win they would try to sue the farmer you rent from. If he is the kind that gets upset easy he could turn around a sue you (a 3-way sue), I have heard of it happening. I would strongly suggest running your situation thru an attorney who knows the laws in your area, if you listen to information someone gives you and it's wrong you would stand to loose. <p>: My family owns a ranch in New Mexico but we also lease some land from a local farmer to run a few head of cattle on. Recently, one of our cows got out of the fence, wandered onto the road, and was hit and killed by a car. The person who hit the cow now wants to sue us for medical and auto repair bills. We are insured but would like to know for sure if we are totally liable for the accident. Who would we contact to find out?<p>
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A

Anonymous

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(User Above)":15ashf1w said:
: My family owns a ranch in New Mexico but we also lease some land from a local farmer to run a few head of cattle on. Recently, one of our cows got out of the fence, wandered onto the road, and was hit and killed by a car. The person who hit the cow now wants to sue us for medical and auto repair bills. We are insured but would like to know for sure if we are totally liable for the accident. Who would we contact to find out?<p>In Texas, if the accident happens on a farm to market road, the person that hit the cow is responsible to pay you for the cow. I guess your surpose to know cows could be loose in farm areas.
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Anonymous

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Candace phone your insurance company ASAP. You are liable(here anyway, for what it's worth).If the cow was insured you will be reimbersed for her, the key will be whether you have liabilty insurance that covers the cows. If you do then your insurance will cover the drivers damages.Good Luck....<br>Janet
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Anonymous

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As you can see by the others that have responded--it could be different for you in your state or your situation. Therefore, I would strongly recommend contacting your insurance company first and tell them of the situation and exactly what kind of agreement you have with the person you are renting from as well as everything else that pertains to the accident. If you have a good agent, and he is familiar with the laws in your area, he should be able to tell you what they will do or what you should do.<p>Once I had a calve get out during the night and it got hit by a lady and killed it. No one was hurt, just some damage to a very old car. They wanted me to pay for the car. She had no drivers licence so she shouldn't have even been on the road--she saw the calf and did not even slow down--instead she said "the calf just stood there and didn't move" It was a clear night and visibility was good. I turned it in to my insurance--and they told me that if the calf was on the road and not moving--it was her fault. They said that if the calf was moving and came into her path, and thus she couldn't avoid it--it was my fault. After this was explained to me it made sense--since she saw the calf and could have stopped and didn't because she was "expecting" it to move. Anyway--point is this--every situation could be different--and some states in different areas could have differnt laws--so check with your insurance company first and go from there. Good Luck.--Greg
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Anonymous

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Here in Kansas if your fences are up to spec per<br>KS. fence laws & a critter gets out it is considered<br>an "act of god" making the driver responsible for<br>his own damage & the rancher financially <br>responsible for loss of stock<p><a href="http://www.law.utexas.edu/dawson/fence/fnc_menu.htm">LINK HERE</a>
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A

Anonymous

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(User Above)":18id39hp said:
: My family owns a ranch in New Mexico but we also lease some land from a local farmer to run a few head of cattle on. Recently, one of our cows got out of the fence, wandered onto the road, and was hit and killed by a car. The person who hit the cow now wants to sue us for medical and auto repair bills. We are insured but would like to know for sure if we are totally liable for the accident. Who would we contact to find out?<p>Family member hit a cow while driving down a Texas road & owner of cow was insured to cover damage. Certainly messed up a great vacation!<p>Quite possibly the laws of each state may differ though?? Best to check within your state.
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Anonymous

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<br>Each state is different with their livestock laws. Your farm and ranch policy should cover it if you are running a farm or ranch. Maybe home owners if not. If the fence is/was in compliance with the livestock laws of your state then you will most likely not be liable. The death of the animal can go on your taxes as death loss or covered by insurance. <br>I don't remember the web sight, but there is a sight that has each states livestock laws concerning fencing, transportation, and estray animals and the liabilities associated with it.<br>Good luck.<p><br>
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Anonymous

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<br>Each state is different with their livestock laws. Your farm and ranch policy should cover it if you are running a farm or ranch. Maybe home owners if not. If the fence is/was in compliance with the livestock laws of your state then you will most likely not be liable. The death of the animal can go on your taxes as death loss or covered by insurance. <br>I don't remember the web sight, but there is a sight that has each states livestock laws concerning fencing, transportation, and estray animals and the liabilities associated with it.<br>Good luck.<p><br>
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A

Anonymous

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(User Above)":3kortmef said:
: I don't remember the web sight, but there is a sight that has each states livestock laws concerning fencing, transportation, and estray animals and the liabilities associated with it.<p>Try Ranchers Net, go to links, then wide open links:
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<ul><li><a href="http://www.ranchers.net/">http://www.ranchers.net/</a></ul>
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A

Anonymous

Guest
Herd law applies on Indian Reserves in Canada. If anyone hits an animal they have to pay for the animal. (If anyone catches who did it.) Fence repair is not considered, they can be laying flat and its still the driver's fault.<p>It also works opposite for farmers, they are responsible for keeping livestock out of their crop.<p>In the rest of the province its the livestock owner's responsibility.<p>Jason Trowbridge<br>Southern Angus Farms<br>Alberta Canada
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Anonymous

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(User Above)":2blutyf3 said:
: I'm not sure (other then an attorney)who to contact, but I think if the cow got out because of poor fencing, they have the legal right to sue you. Probably, what they would try to do is sue you and if they didn't win they would try to sue the farmer you rent from. If he is the kind that gets upset easy he could turn around a sue you (a 3-way sue), I have heard of it happening. I would strongly suggest running your situation thru an attorney who knows the laws in your area, if you listen to information someone gives you and it's wrong you would stand to loose. <p>: : My family owns a ranch in New Mexico but we also lease some land from a local farmer to run a few head of cattle on. Recently, one of our cows got out of the fence, wandered onto the road, and was hit and killed by a car. The person who hit the cow now wants to sue us for medical and auto repair bills. We are insured but would like to know for sure if we are totally liable for the accident. Who would we contact to find out?<p>
<br>
<br><hr size=4 width=75%><p>


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