Car Accidents Caused by Loose Livestock
Texas is a unique state in that on certain stretches of road, you may encounter your typical array of commuter vehicles like sedans and SUVs, but on other stretches, you may encounter a large truck hauling livestock. You may also encounter cows and horses, and if you are driving at night this can be very dangerous given the lack of lights on rural roads. If this happens to you, call a Houston car accident lawyer, today!
There is a Texas statute on the books addressing livestock that escape their enclosures. Texas is an “Open Range” and “Fence Out” state. This is why county roads, farm-to-market (FM) roads, and state and federal highways are prone to having livestock running free given the number of ranches in Texas. The most dangerous types of livestock you might encounter include cattle, horses, and donkeys as they can cause serious personal injury if a vehicle collides with them.
Livestock Laws in Texas
The Texas state legislature passed livestock laws as far back as 1876. These are laws that aim to limit the application of the free range rule in a county or some parts of the county. In these areas, ranch and farm owners are prevented from letting their animals venture freely onto the road. If the animals cause an accident, the owner of the livestock will be liable.
These laws usually state the kinds of animals to which they apply. It could be mules, donkeys, cows, horses, and so on. If you are not sure if a livestock law applies where you had an accident, you should get in touch with a Houston personal injury attorney who will investigate and give you proper legal guidance. Stock laws can also apply to a county or part of a county making it difficult to know if it applies to your accident. Since Michael Fleming is a former Harris County attorney he has significant knowledge in these matters so if you are unsure of what to do after being injured in an accident with livestock call our attorneys for a free consultation.
Who is Liable for an Accident with Livestock?
In Texas it depends where the accident occurred. If an animal roams freely on a federal or state highway, then any protections afforded under state law may be negated and liability can be established on the livestock owner. The law states that livestock owners are not permitted to “knowingly” let their animals roam freely in the road. State and federal roads in the US are closed range.
Under Texas law, this rule does not apply to any farm-to market roads. The liability in this instance rests on either the owner of the animal or the person in control of the animal at the time of the accident. In order to establish that the animal’s owner knowingly let the animal roam free on a state or federal highway, you have to prove that:
There is evidence of open gates, open fence, or a general disregard for keeping a closed range;
The responsible party used poor quality fencing that is unfit for ordinary use;
There have been previous livestock escapes from the land and the owner did nothing afterwards.
If you hire our firm we will investigate your accident and where it happened. We will look a the scene of the accident and reconstruct what happened. We will also look at the ranch or farm where the cow or horse got free. It is important to gather evidence that will establish liability on the side of the livestock owner or the landowner. You can be certain that the insurance company will do their own investigation. Our attorneys will fight for maximum compensation in your case and settle the case with the insurance company for you or take the case to trial.
Applying the Law to Your Case
In order to explain the law better, let’s use a hypothetical case. For instance, if a horse grazing on a nearby land wanders into the road and is hit by a car, causing serious injury to the occupant, liability will depend on:
If the accident happened on a farm to market road without any stock laws, the owner of the horse will not be liable;
If the accident happened on a state or federal highway, there could be liability if it can be proved that the horse owner knowingly let the horse roam free. This is regardless of whether or not there is a stock law;
If the accident happened on a farm-to-market road where there is a local stock law, that law will determine the extent of the livestock owner’s liability.
In these cases it is important to establish that the owner had knowledge that the animal could get out or has gotten out in the past. This will help us demonstrate that the owner was negligent and that negligence caused the accident and your injuries. If it was a gate left open or a poorly maintained fence that allowed the animal to roam on the road, our attorneys will determine that in our investigation.
Hurt in an Accident Involving Loose Livestock? Contact Us Today!
If you suffer a serious injury in an accident involving loose livestock roaming on a road of highway, schedule a time to speak to an experienced Houston car accident attorney. Contact Fleming Law to schedule a free consultation 713-221-6800.