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  #1  
Old 08/28/11, 06:33 PM
 
Join Date: Dec 2005
Location: E. Oklahoma
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Anyone hit a cow or horse on road?

A friend of mine hit a cow on the road last week. Happens pretty often here.
As usual, no one owns the cow. It seems to be an unwritten law here, if your animal gets hit and damages a vehicle or injures somebody, deny it was yours.
I know of an incident where a prominate rancher said it was not his horse even though had his brand.
I feel these people should take responsibility, don't you?

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  #2  
Old 08/28/11, 06:49 PM
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Be VERY glad no one owns the cow. Otherwise your friend would be responsible for damage/death to the animal. Any cow on the road has the right of way.... in Texas anyway. ESPECIALLY if there are fences and it's a known cattle area.

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  #3  
Old 08/28/11, 06:51 PM
 
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Well, they should, but they dont. I hit a horse after it had already been hit by some girl going to work, as I also was. She went a 1/4 mile further and stopped and called her dad. He passed me before I hit the horse, he knowing by hewr call where it was he went around it. It was around 5 in the morning and the horse was black. I hit it with an old 72 Buick Skylark. One moment I could see the stars in the sky, then I saw the pavement up close and personal. When I got to the 2 cars, I could see him out talking to his DD. His car was fine. Hers had thwe whole front end rolled up under it. being a way newer car. Come to find out , nobody owned that horse, even tho the persoon liveing on one side of the road and had horses and a sign out that read, FOR SALE, Horses, Hay & Heifers. It was assumed that that horse had come up from Mexico

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  #4  
Old 08/28/11, 06:52 PM
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Hit one in Oh years ago - the farmer's fence was crap and it was his fault.... Luckily, there was no damage to my car, it was a '64 Buick...a tank!

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  #5  
Old 08/28/11, 06:54 PM
 
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once, bout the same tima morning, round 4 miles further down the road I came upon several cows on either side of the road. I slowed way down, and it was a good thing cause as I got near past those cows, There stood a BIG BLACK BULL in the middle of the road. If those cows hadnt been there, I woulda hit him sure.

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  #6  
Old 08/28/11, 06:54 PM
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Depends on what state you're in- some, like TN are a fence in state and others like NM (we lived there for a little while) are fence out. Personally I think an animal owner should take responsibility for making sure their critters are secure, but, otoh.... accidents happen.
I carry farm insurance that covers that, though.

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  #7  
Old 08/28/11, 06:59 PM
 
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Quote:
Originally Posted by manfred View Post
I feel these people should take responsibility, don't you?
Since you refuse to post your location one cannot answer. It depends upon your state. In some states the owner of the cow is due recompense from the driver. In most cases that I know of they usually do not demand it though.

If you drive around out in the country you need to be aware that there will be critters out and about, some domestic, some not. In my opinion, drivers need to drive for the conditions. If that means slowing down after dark, so be it.
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  #8  
Old 08/28/11, 06:59 PM
 
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This is an open range state. If you hit it, you are at fault. I always manage to miss them.

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  #9  
Old 08/28/11, 07:06 PM
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In Ohio the owner of said animal is responsible. If no one owns it and it's a cow you'll have a bunch of very expensive hamburger. I don't know what you would do about a horse since it's not legal to process them for food.

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  #10  
Old 08/28/11, 08:03 PM
 
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In WA state we have areas that are open range--if you hit an animal you just bought it!

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  #11  
Old 08/28/11, 08:11 PM
 
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you hit it is yours. Sorry but the way the laws here it is your fault. You are responsible for damages to the farmer or rancher.

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  #12  
Old 08/28/11, 08:23 PM
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Quote:
Originally Posted by tinknal View Post
Since you refuse to post your location one cannot answer. It depends upon your state. In some states the owner of the cow is due recompense from the driver. In most cases that I know of they usually do not demand it though.

If you drive around out in the country you need to be aware that there will be critters out and about, some domestic, some not. In my opinion, drivers need to drive for the conditions. If that means slowing down after dark, so be it.
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  #13  
Old 08/28/11, 09:49 PM
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It's happened here, but everyone knew who the horse belonged to. Did a heck of a lot of damage. Horse's owner was sued for a lot of money. Our fences are good but our nutty neighbor likes to cut fences and open gates so we have an umbrella policy just in case something like that happens. In Eastern Oregon, it's pretty common to see range cattle on the road - hit one there and it's your fault, signs everywhere saying "range cattle on road". So, it depends where you are.

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  #14  
Old 08/28/11, 10:03 PM
 
Join Date: Nov 2010
Posts: 684

I think maybe in Missouri it is a law to have insurance if you live on the highway and have livestock.
Here is a link that tells a little about the laws
http://www.mwl-law.com/CM/Resources/articles22734.asp
My neighbor hit a black cow at night with his pickup. Took two years to get it cleared and the owner to pay but he did pay.
Another man said it wasn't his bull that went through the windshield of a small car. We all knew it was , that bull would not stay home regardless. No fence hot or high or tight would hold him. The man in the car died three months later. The owner of the bull never owned up to ownership. He sure lost the respect of the neighborhood.

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  #15  
Old 08/28/11, 10:13 PM
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Come on Manfred...where are you from?

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  #16  
Old 08/28/11, 10:17 PM
 
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I live in Oklahoma. Here the farmer is responsible for damages from animals on the highway . I think that is how it should be. I see cattle out on the edges of the interstate from time to time. Seems odd to me that the vehicle owner could be held responsible anywhere.

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  #17  
Old 08/28/11, 10:23 PM
 
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Location: Nevada
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We are an open range state also. it depends on where you are weather it is the drivers fault or not. I locations posted as range land it is the drivers problem. If not I don't think anyone is at fault. Basically it would be the state but you think they will own up? The reason it is not the owner of the cows fault is that they do not own the land, no control if it keeps his cow in or not.

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  #18  
Old 08/28/11, 10:40 PM
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Well here in ILLINOIS it is against the law to range cattle or horses on the roads. And if one of your critters gets out , you are going to pay the bills for damage for a car or truck or a death. About twenty years ago I was coming home from a friends place about 9 p.m. at night, came across 5 head of black cattle in the road, tails headed my way. I aimed for the biggest break in them but still hit one, they turned just as I got to them, striking one in the head. Never killed the calf but buggered up my truck very bad, bumper, fender, grill, headlight. Owners insurance paid the bill on fixing my truck, and he had to do that not long before with someone elses truck. The old guy that owned the cattle, wouldn`t fix his fence, so cattle were out alot. Not long after that he got rid of all the cattle, soon after that he passed away and the farm was sold. And I`m going to tell you another sad story that happened to a young neighbor some other time. > Thanks Marc

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  #19  
Old 08/28/11, 10:42 PM
 
Join Date: Aug 2008
Location: Indiana, USA
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Quote:
Originally Posted by manfred View Post
I live in Oklahoma. Here the farmer is responsible for damages from animals on the highway . I think that is how it should be. I see cattle out on the edges of the interstate from time to time. Seems odd to me that the vehicle owner could be held responsible anywhere.
Agreed.

Making drivers repsonsible for hitting escaped livestock, is a stupid, unfair law.

It just goes for the "deep pockets", which it the driver's insurance company.

One of our drivers hit a steer, causing $13,000 in damage, to the truck. We had to pay to fix the truck and did not even get the "tenderized" steer, out of the deal.
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  #20  
Old 08/28/11, 11:23 PM
 
Join Date: Jul 2010
Location: NW PA
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Yup, DH hit a cow once on his way home. To those who said slow down for conditions - he was not speeding and since we are from the area he knew the road. It was on a bend and the cow was right in front of the farm. No denying whose it was! Cow came out in front of him and there was no way to avoid it. Here in PA, as the farmer you are responsible if your animal gets out on the road and causes an accident. The farmers insurance paid for a new "used" vehicle for DH (his small truck wasn't worth a lot so it just replaced it at the truck's value). A cow is a pretty big animal to hit and he was lucky not to get hurt. If I remember right (this was a long time ago) he went into the ditch trying to avoid it but didn't miss it completly.

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  #21  
Old 08/28/11, 11:34 PM
 
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Quote:
Originally Posted by Alice In TX/MO View Post
Be VERY glad no one owns the cow. Otherwise your friend would be responsible for damage/death to the animal. Any cow on the road has the right of way.... in Texas anyway. ESPECIALLY if there are fences and it's a known cattle area.
That isn't how it is here. We had a neighbor whose cattle kept getting out. One time his bull was hit. He tried to deny the bull was his. Another time a cow was hit. Once again he tried to deny it but he was the only person in the area with angus and the sheriff's department was very familiar with his animals as they had to round them up pretty regularly. He was sued for the damages caused from hitting them. He never paid. He's also been ticketed several times for them being at large. That would not happen if this was considered open range.

Maybe it depends or what county you are in.
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  #22  
Old 08/28/11, 11:59 PM
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Location: Dwelling in the state of Confusion - but just passing thru...
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It isn't how it is in TEXAS...used to work law enforcement there

And it wasn't the law then and a quick google search shows that it STILL isn't......Pay special attention to Chapter 143.103




SUBTITLE B. LIVESTOCK
CHAPTER 143. FENCES; RANGE RESTRICTIONS
SUBCHAPTER E. ANIMALS RUNNING AT LARGE ON HIGHWAYS


143.101. Definition
In this subchapter, "highway" means a U.S. highway or a state highway in this state, but does not include a numbered farm-to-market road. The term includes the portion of Recreation Road Number 255 that is located in Newton County between State Highway Number 87 and the boundary line with Jasper County.


143.102. Running at Large on Highway Prohibited
A person who owns or has responsibility for the control of a horse, mule, donkey, cow, bull, steer, hog, sheep, or goat may not knowingly permit the animal to traverse or roam at large, unattended, on the right-of-way of a highway.


143.103. Immunity From Liability
A person whose vehicle strikes, kills, injures, or damages an unattended animal running at large on a highway is not liable for damages to the animal except as a finding of:

(1) gross negligence in the operation of the vehicle; or

(2) wilful intent to strike, kill, injure, or damage the animal.


143.104. Herding of Livestock Along Highway
This subchapter does not prevent the movement of livestock from one location to another by herding, leading, or driving the livestock on, along, or across a highway.


143.106. Enforcement
Each state highway patrolman or county or local law enforcement officer shall enforce this subchapter and may enforce it without the use of a written warrant.


143.107. Conflict With Other Law
This subchapter prevails to the extent of any conflict with another provision of this chapter.


143.108. Penalty
(a) A person commits an offense if the person violates Section 143.102 of this code.

(b) An offense under this section is a Class C misdemeanor.

(c) A person commits a separate offense for each day that an animal is permitted to roam at large in violation of Section 143.102 of this code.

************************************************** ***

Quote:
Originally Posted by Alice In TX/MO View Post
Be VERY glad no one owns the cow. Otherwise your friend would be responsible for damage/death to the animal. Any cow on the road has the right of way.... in Texas anyway. ESPECIALLY if there are fences and it's a known cattle area.
Quote:
Originally Posted by DaniR1968 View Post
That isn't how it is here. We had a neighbor whose cattle kept getting out. One time his bull was hit. He tried to deny the bull was his. Another time a cow was hit. Once again he tried to deny it but he was the only person in the area with angus and the sheriff's department was very familiar with his animals as they had to round them up pretty regularly. He was sued for the damages caused from hitting them. He never paid. He's also been ticketed several times for them being at large. That would not happen if this was considered open range.

Maybe it depends or what county you are in.
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Last edited by copperkid3; 08/29/11 at 12:02 AM.
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  #23  
Old 08/29/11, 12:57 AM
 
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I'd like to know where to find that law Manfred. I too live in Okla. Have a neighbor whose cattle are out on the county road nearly daily. When traveling home at night from work, I have nearly hit those black cattle more than once. Once my daughter was on her way to work and was honking at the cattle and the bull was charging her car and butting it. The landowner has plenty of excuses, the fence is old, we patch it all the time, when the fire danger is over we plan to replace it, blah, blah, blah! It's all BS if you ask me. I just want to have my bases covered in case one of those beasts takes out my car! Are they liable or am I? This is nuts!

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  #24  
Old 08/29/11, 07:34 AM
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"In 1972, the Oklahoma Supreme Court stated that a person who strikes an animal
at large must prove that the animal’s owner either intentionally let the animal
loose or that the owner’s negligence allowed the animal to escape. The Court also
stated that the fact that an animal is on the highway does not raise a presumption
of negligence but that negligence must be shown by the facts and circumstances
of the case. This ruling has been upheld in other Oklahoma Supreme Court cases. "

http://www.state.ok.us/~okag/forms/ogc/grg.pdf

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  #25  
Old 08/29/11, 08:15 AM
 
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We carry insurance, as far as I know it is not a law here in Missouri just commonsense.

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  #26  
Old 08/29/11, 08:16 AM
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Quote:
I carry farm insurance that covers that, though.
I do, too. The rider for 'incidental farming activities' only costs $18 a year. Well worth it, IMO.

Back in Michigan, my stepdaughter had crap fences, and sometimes would turn her horses out to forage when she was low on hay. She was way back on a private road, but one of her horses eventually made it out to the two-lane and got hit at night.

She fought hard to get a big settlement from the insurance company, claiming that the old nag (he was 20+ years and had been GIVEN to her!) was worth a small fortune!
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  #27  
Old 08/29/11, 09:09 AM
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Quote:
Originally Posted by Yvonne's hubby View Post
"In 1972, the Oklahoma Supreme Court stated that a person who strikes an animal
at large must prove that the animal’s owner either intentionally let the animal
loose or that the owner’s negligence allowed the animal to escape. The Court also
stated that the fact that an animal is on the highway does not raise a presumption
of negligence but that negligence must be shown by the facts and circumstances
of the case. This ruling has been upheld in other Oklahoma Supreme Court cases. "

http://www.state.ok.us/~okag/forms/ogc/grg.pdf
Yes. This is common to a lot of areas. Negligence must be established.
Case in point: neighbors and I are in process of establishing negligence on a individual in our area who is ignoring his cattle being out all the time. Local sheriff is making a file of calls to complain that so and so's cattle are out again. Hopefully eventually we can get results, such as rounding up his cattle and hauling them to the sale barn.
In Kansas , just an occasional cow out on the road does not establish negligence.
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  #28  
Old 08/29/11, 10:05 AM
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Here as long as the owner of the livestock had adequate means of confinement and the animal ranging at large into the roadway was an accidental occurance and not normal actions by the livestock owner defined by local LEOs ,the driver of the vehicle that hits the animal is liable for the livestock for up to $1500 as I recall. So here generally if you hit it you buy it.

On the flopside if the livestock accidentally loosed to at large range grazes on fruit trees, ornamental plants or gardens owned by others, the livestock owner is liable for replacement cost of the damage caused by their animal during its time ranging at large. Of course in many of these cases some owners try to avoid claiming ownership however if a livestock owner denies ownership the property owners often video document the damage and hold the animal until the LEOs and Animal Control arrive to make out reports and impound the livestock to better ensure they are reimbresed for the damage caused to their property if the owner reclaims the livestock from impound before its auctioned for expenses.

Over the years I have found myself on both ends of the law having once had to pay for a cow my gf hit while driving my truck at night and about 15 years back when I spent a day babysitting a neighbor's registered quarter horse from a half mile away after calling him at work to let him know his horse was running at large and had destroyed three of my peach trees and he offered to replace my trees and I said that would be fine. When he came with his stock trailer to get his horse he had four peach trees from the co-op in his truck and I had his horse picketed to one of the trees she had stripped with a #3 wash tub of water.

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  #29  
Old 08/29/11, 11:14 AM
 
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Had a friend in high school who hit one driving once. It was his own cow though, so he had to pay either way.

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  #30  
Old 08/29/11, 03:32 PM
 
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Quote:
Originally Posted by manfred View Post
I live in Oklahoma. Here the farmer is responsible for damages from animals on the highway . I think that is how it should be. I see cattle out on the edges of the interstate from time to time. Seems odd to me that the vehicle owner could be held responsible anywhere.
The cattle owner in Oklahoma is only responsible if you can prove he regularly has cattle on the road. And good luck with that.
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