When animals wander onto the road, devastating accidents can follow. Identifying the responsible party can get complicated. However, Georgia has enacted a statewide law requiring livestock owners to prevent their animals from roaming freely, making it a closed-range state.
No owner shall permit livestock to run at large on or to stray upon the public roads of this state or any property not belonging to the owner of the livestock, except by permission of the owner of such property.
So, what happens if you hit a cow with your car in Georgia?
State law prohibits owners from letting their livestock wander onto public roads and another’s property without permission. If that happens, livestock owners may be held liable for the injuries that follow.
I Hit a Cow on the Road. Who Is Responsible?
Livestock owners have a duty to keep their livestock from straying onto public roads and other property. If they do not, you can sue if you hit a cow and suffer damages.
Georgia law defines an owner as an individual or entity that owns, possesses, or is responsible for the care and maintenance of livestock. In other words, liability is not limited to the individual who has legal ownership of the livestock; it also extends to any person who has control over the livestock.
Owners may include:
- Individuals who own the livestock,
- Associations,
- Firms, and
- Corporations.
Knowing who pays if you hit a cow on the road in Georgia is critical. Aside from the owners mentioned, other examples include farmers, ranchers, and cattle farm operators who have custody of the livestock or are responsible for their care and management.
How Do You Hold the Owner Responsible?
The owner is not automatically liable if you are injured after you hit a cow on the road. Instead, to recover compensation, you must prove that the owner negligently allowed the cow to roam from their property and onto the road.
Duty
All livestock owners have a duty to keep the livestock within their enclosed perimeter and prevent them from wandering onto roads or other properties.
Breach of Duty
A breach of duty occurs when the owner fails to act with reasonable care, allowing the animals to wander. This can mean:
- Failing to construct any type of barrier to keep livestock enclosed on their property,
- Leaving a gate open,
- Improperly training farm workers,
- Failing to fix a damaged fence,
- Refusing to search for a known missing animal,
- Being aware of repeated livestock escapes but not investigating the cause, and
- Using improper fencing materials.
Not every escape can be blamed on the owner. In cases where an outside factor is responsible for the animal escaping, such as a storm that breaks the fence, you won’t be able to hold the owner accountable.
Causation
You must prove a causal connection between the breach and your accident. To do this, you have to show that the cows escaped because the owner failed to secure them, and this escape was the reason the cow strayed onto the road and caused your injuries.
Note that the accident must have occurred on a public road, which can include any street or highway as long as it is open to the public for vehicle travel.
Damages
You can’t recover damages unless you can prove you suffered actual harm. Cows can weigh over a thousand pounds. A crash with them can be catastrophic. Your vehicle may be totaled, and you can suffer serious injuries, including traumatic brain injuries, internal bleeding, and spinal cord injuries.
Your medical bills will mount, and you may lose income if your injuries prevent you from returning to work.
Can You Sue If You Hit a Cow, and Is There a Deadline for Filing a Claim?
You have the right to sue if you hit a cow in Georgia. However, the state’s statute of limitations gives injured drivers only two years from the date of the accident to file a personal injury claim.
It’s imperative to file your claim as soon as possible. As time passes, fence conditions may be repaired, and witness memories can fade. At Silva Injury Law, we work to preserve any evidence and file your claim before the deadline expires.
Let a Georgia Livestock Accident Attorney Guide You
Livestock vehicle collisions can get complicated. You need a law firm with experience in handling detailed investigations and knowledge of Georgia’s livestock and negligence laws.
At Silva Injury Law, we will help you deal with the aftermath of an accident. Don’t try to fight insurance companies alone. Our experienced legal team understands how to identify the cow’s owner, investigate the cause of its escape, and build a strong claim for negligence.
Contact us today for a free case evaluation. We’ll discuss your legal options and help you decide the best path forward.
