When you hit a cow or horse on a rural road, your first thought might be, Why was that animal even there? But once the shock wears off and insurance gets involved, another question may arise: Can the driver be held responsible in a livestock-related crash?
The answer is, sometimes, yes. California law recognizes that more than one person can contribute to an accident, including the driver. Even when a cow, horse, or other livestock is loose on the road, the driver may share some fault for a crash.
Here’s how the law works regarding driver fault in a livestock accident and what that means for your ability to seek compensation.
Understanding Comparative Negligence in California
Under California’s comparative negligence rule, multiple people can share fault for a crash. The law will assign each party a percentage of fault based on how much their action (or inaction) contributed to the incident.
For example, if a driver was speeding on a rural road at night and collided with a loose cow, an investigation might show that:
- The livestock owner failed to secure the animal, and
- The driver was traveling too fast for conditions.
If the investigation assigns 80% of the fault to the owner and 20% to the driver, the driver can still recover compensation, but their share of the fault will reduce the total amount.
In livestock accidents, disputes can arise not just around which party was responsible but also how much blame is shared. That’s why it’s in your best interest to consult with a skilled livestock accident lawyer who can investigate the details of the incident and gather evidence to determine where liability lies.
Situations Where a Driver May Be Partially at Fault
Drivers who hit a loose animal aren’t automatically responsible for the collision. However, there are certain scenarios where the driver’s actions may contribute to the crash, including:
- Speeding,
- Distracted driving, or
- Driving under the influence.
Understanding driver fault in a livestock accident also means looking at how much control the driver had over the situation and whether their actions met the standard of care expected under the conditions.
On the other hand, many livestock-related collisions occur solely because the farmer failed to take reasonable steps to keep their animals contained. This can be the case if the farmer:
- Failed to repair a broken fence,
- Left a gate open or unsecured,
- Allowed an animal to escape from a legally required fenced-in area, or
- Ignored prior warnings about loose livestock and failed to take corrective action.
Under those circumstances, the livestock owner may be responsible for the accident. Still, the details must be carefully evaluated, including where the crash occurred and what local fencing laws or ordinances apply.
How Insurance Companies May Use Driver Fault in a Livestock Accident Against You
Insurance companies often look for ways to reduce what they owe, and one way they do that is by suggesting the driver was partly at fault. After a livestock collision, an insurance adjuster might argue that:
- You were driving too fast for conditions,
- You should have seen the animal sooner, or
- You didn’t react appropriately.
Even when the facts don’t support those claims, they can still influence the outcome of your case. That’s why evidence matters. Photos, dashcam footage, witness statements, police reports, and medical documentation can shed light on what happened before the crash and help defend against an unfair blame assignment.
Don’t count on the insurance company to give you the benefit of the doubt. They are usually not on your side. The support of an experienced attorney can help you protect yourself from these common insurer tactics. A livestock accident lawyer can review the facts from the start, investigate local fencing requirements, and examine past incidents on the property. With their guidance, you can work to uncover evidence that may reduce or eliminate potential fault.
What to Do After a Crash Involving Livestock
If you’re involved in a crash with a cow, horse, or other farm animal, there are immediate actions you can take to protect your health and legal rights:
- Call 911. Reporting the crash creates a police report, which can help establish the key facts of the incident.
- Document the scene. Take photos or videos of your vehicle, the animal, the road, nearby fences or gates, and any relevant signs or landmarks.
- Seek medical care. Even if you feel okay, some injuries develop hours or days later. A medical record can also help connect your injuries to the crash, which is critical for a compensation claim.
- Avoid making statements about fault. Stick to the facts, and avoid saying anything the insurance company could interpret as an admission of fault.
- Contact a lawyer. These cases involve complex laws around fencing, livestock ownership, and negligence. A knowledgeable attorney can help clarify your rights and provide valuable guidance for next steps.
If you’re involved in a livestock crash, what you do next can directly affect your recovery and legal position. The steps you take at the scene and the days after may influence how fault is assigned and whether you have a strong basis for a potential claim.
Unsure Who’s at Fault After a Livestock Collision? Silva Injury Law Can Help
If you were hurt in a crash involving livestock, it’s natural to question who is responsible. Ultimately, these cases often depend on numerous factors, including where the collision occurred, the condition of nearby fencing, and whether the driver followed the rules of the road.
Silva Injury Law has years of experience helping Central Valley drivers navigate the complex questions of liability in livestock-related collisions. We work to review the facts, determine whether the driver may share fault, and help pursue compensation when the law supports a claim.
Call or fill out our online contact form to schedule a free consultation with a livestock collision attorney today.
