Have you been hurt in a motor vehicle accident in Georgia involving livestock? If so, you’re probably wondering about your right to compensation. After all, you can’t sue a cow. However, depending on the circumstances, the animal’s owner or other parties might be liable for what happened.
What Types of Accidents Involve Livestock?
When livestock get on the roadway, they pose a severe hazard to motorists. Some of the most common types of livestock-related accidents include:
- Direct impact with livestock – The damage caused by a collision with a large animal like a cow, horse, or pig can be severe. These animals can weigh hundreds of pounds or more, and sometimes the equivalent of a small vehicle.
- Swerving to avoid livestock – Drivers trying to avoid hitting an animal might instinctively swerve, causing them to lose control and crash into another vehicle, run off the road, or hit fixed objects like trees or fences. Sometimes, the action taken to avoid striking livestock can cause even more harm.
- Accidents caused by loose domestic animals – Small animals like dogs can unexpectedly dart onto the road, surprising drivers and causing them to brake suddenly or dart into another traffic lane. Even though these animals are smaller, the sudden reaction needed to avoid them can create dangerous situations for drivers and neighboring road users.
Individuals who are involved in accidents with livestock and other large animals are more likely to suffer broken bones, severe head trauma, and internal organ injuries. In the most tragic cases, accident victims pass away.
Can a Livestock Owner Allow Their Animals to Run At Large on Public Roads?
Ga. Code § 4-3-3 makes it illegal for livestock owners to allow their animals to roam freely on public roads. The law requires owners to control their domestic animals and ensure they are fenced in or otherwise confined. Additionally, owners are expected to regularly inspect and maintain their fences to keep their livestock contained. If an owner fails to do so and their animal wanders onto the road and causes an accident, the owner can be held responsible for the damage.
Will the Georgia Livestock Owner Always Be Held at Fault for an Accident?
Livestock owners are not automatically at fault for an accident. Liability depends on the circumstances. For instance, a driver who was speeding or distracted when the crash occurred may share the blame for the collision and any resulting injuries. Alternatively, if someone besides the livestock’s owner allowed the animals to escape confinement, this person could be at fault for a subsequent accident. The critical question is whether the owner acted responsibly in keeping their livestock secured.
However, if the livestock owner failed to take proper precautions, like maintaining secure fencing or addressing known issues with animals escaping, they would likely be liable. An experienced car accident lawyer can determine liability by examining details such as the condition of fences, the road, and both parties’ actions at the time of the crash.
What Happens If I Hit Another Car While Trying to Avoid Hitting Livestock?
Most drivers instinctively swerve to avoid hitting a large animal, but this can lead to other types of accidents, such as colliding with fixed objects or other vehicles. In these cases, the driver might face liability for any resulting damage. However, if the animal’s presence on the road was due to the negligence of its owner, the owner could be held responsible for the crash, as it would not have happened if the animal was confined correctly.
Who Can Be Considered at Fault if the Accident Involves a Wild Animal?
Unlike cases involving domestic animals, where owners can be held responsible, wild animals present a different situation. In Georgia, wild animals like deer or bears are not owned by anyone. If you hit a wild animal, it is typically considered an unavoidable accident, and no one is at fault.
However, if you suffer injuries or your vehicle is damaged due to a collision with a wild animal, you may be covered through your own insurance policy. Generally speaking, your comprehensive coverage would apply if you hit the animal. If you swerved to avoid the animal and hit the tree, you would likely turn to collision coverage instead. These are both optional types of insurance in Georgia, so you’ll need to check the terms of your policy or an insurance agent to determine your coverage options.
Contact Our Georgia Personal Injury Lawyer
At Sherrod & Bernard, P.C., we understand how confusing it can be to determine your legal options after an accident involving livestock In Georgia. With over 85 years of combined legal experience, our experienced car accident lawyers can help determine liability and hold the appropriate party(s) accountable for their role in causing your injuries.
We have built our reputation on achieving results and securing substantial settlements for our clients. Over the years, we have helped many clients achieve six-figure settlements and verdicts for car accident claims. One client shared, “The team at Sherrod & Bernard treated me like family and fought hard for my case. I couldn’t have asked for a better outcome.” This commitment to personalized care sets us apart, and our Douglasville personal injury lawyers remain dedicated to treating each client with the same level of care and dedication.
If you or a loved one was harmed in a livestock-related accident, contact us today to learn about your options for seeking compensation. The first consultation is free, and there’s no obligation. Speaking to our attorneys means you have nothing to lose and everything to gain. Call now.
