Can i sue for striking someone's cow on a public road?

Question

i was driving home a few nights ago, when a cow walked up over the side of the road into my driver's side fender. this caused me to lose control and rol my vehicle. i didnt call the police as i was able to drive my car away. the cow was gone when my vehicle stopped rolling. it was a single vehicle accident and no injuries. i know its against the law for animals to be out of the owner's property, and technically they are responsible for damages caused. is it lawful to sue the owwner?

Answer 1

It's not illegal to sue him, it's just whether or not you would win.

It depends on what the laws there are. It could be open range, or even if there's a cow crossing sign, you have little hope. You now have even less hope since you didn't file a police report right after.

Answer 2

You ROLLED your vehicle and drove away?  Sumthin fishy about that.

Answer 3

Yes it should be fenced in a paddock. Tell you insurance they will sue the owner

Answer 4

Yes it is -- the owner is, as you suggest, responsible for keeping the animal out of harm's way -- and out of yours as well!

Answer 5

You sure it was a cow and not a pink elephant?

Answer 6

The owner of the cow or whatever is always responsible.

Answer 7

Were there any signs around that showed animal or cow crossing? If so and you missed them, you would be at fault for negligence and recklessness. If not, be glad that the cow didn't cause more damage or come through your window and kiss you. You got lucky, now go see about repairing your car. You should always be alert and drive as defensively as possible.

Answer 8

How could a cow hitting your fender cause you to lose control and flip the car??? You shouldn't be going fast enough to roll a car on a country road, and a cow walking into your car isn't enough impact to send you out of control if you had control of your car to start with.

There's something fishy about your story, my guess is you were drunk and speeding, and that's why you didn't want to take care of it then, as you would have if you were sober and thinking clearly.

Just let it go - learn from your mistakes, even if you were sober and not speeding, you can't do anything about it days later.

Answer 9

you would have had a very easy claim, but you didnt call and report the accident when it happened. if you try to press charges now, you have no proof that the cow did it.  the owners could say the damage was there prior to the accident.

Answer 10

Probably. But you blew it when you did not file a police report.And now it's to late.

Answer 11

Well that depends on where you live.  Where I am there is an Open Range law that states that if livestock is on the roadway, you as the driver are responsible for watching out for livestock.  If you stirke the animal, and there is an Open Range law here you live, you are required to pay for any and all damges (including the animal) incurred in the accident.  Basically speaking, livestock has the right of way.  But check your local laws and see what laws they have in place for something like that.

Answer 12

yes you can the owner is responsible for where the cow is at all times,and there home owners insurancee or farm insuranc probably will cover this,i hit a cow before it done a number on a Chrysler 300 i was driving and the cow stumbled off,good luck.

Answer 13

Should've stopped and called the police.. I don't think you've got much of a case now.

Why didn't you do anything right away? If a cow walked into my truck, i'd be looking for the owner right away, not thinking about it a few nights later.

You could have gotten a report turned it into your insurance, and let them handle the lawsuit.

By not handling the situation right away you probably screwed yourself.

Answer 14

Depends on the laws of your state.    Of course,  you have now left the scene of an accident and could be charged for that also.

Answer 15

You can get arrested for leaving the scene of an accident. If the cow got your plate # you might get charged for hit and run. Also the cow could sue for medical bills.

Answer 16

technically yea you can, however you did leave and the car was still driveable so i idk that could be a tough call