Kentucky Livestock Accident Liability Laws: Who Is Liable?
Hitting livestock on the road can have devastating consequences. The impact of a cow weighing over a thousand pounds can cause severe injuries and wreck your vehicle.
Kentucky livestock law recognizes this and allows injured motorists to recover damages.
This blog explains the process of suing if you hit a cow in Kentucky and how long you have to bring your claim.
Can You Sue If You Hit a Cow?
Yes. You can sue if you hit a cow under Kentucky law. Kentucky is a “fenced-in” state, requiring cattle owners to keep their livestock enclosed on their property. This is in contrast to other “open range” states, where livestock are free to roam, and owners are not required to fence them in.
How Do I Prove My Livestock Accident Case?
The Kentucky livestock statute states, “no person shall permit any cattle owned by him or under his control or in his custody, to run at large.”
Kentucky courts have interpreted “permit” to mean the following:
- Knowingly allow the livestock to roam at large or without restraint or control, or
- To fail to exercise the same care that a reasonable person would under similar circumstances.
In other words, the owner can be liable if they knowingly or negligently allow cattle to escape their enclosure, and those cattle later cause damage in a vehicle accident.
Rebuttable Presumption
Courts have held that the presence of a cow on the road creates a rebuttable presumption of negligence on the livestock owner. All you, as the injured party, must do is give evidence of the presence of the livestock on the road and that the party you are suing owned the cattle.
The owner must then produce evidence that they were not negligent. If they cannot, then you are entitled to a directed verdict (when the court decides a case in one party’s favor in the absence of evidence from the other party).
Required Evidence
So, the livestock owner must provide evidence that it did not knowingly or negligently allow the cattle to escape its enclosure. Kentucky courts hold that it is the livestock owners who must explain how the cattle escaped because all evidence of such would be in their control.
Was reasonable care taken? Were there any defects in the fencing? Was there a third party who may have opened the fence?
Common examples of the owner’s negligence may include:
- Leaving the gates open,
- Reports of past escapes,
- Failing to repair a broken or decaying fence, and
- Evidence of a lack of a fence or enclosure.
If the defendant produces sufficient evidence so that there could be more than one conclusion regarding the existence of negligence, the jury will decide whether the livestock owner was negligent.
Who Pays If You Hit a Cow on the Road?
The facts of the case usually determine who pays if you hit a cow on the road. Although the owner of the livestock is generally held responsible, complications can arise if a management company or third party caring for the livestock is responsible for any escapes from fencing.
Your team of Kentucky livestock accident injury lawyers will review the facts of your case and identify the appropriate party to file a claim against.
What Compensation Can I Recover?
You may be able to recover the following compensation if the livestock owner is deemed negligent:
- Medical expenses—treatment related to the crash, including hospital stays, doctor visits, surgeries, diagnostic testing, prescriptions, and physical therapy;
- Lost income—lost wages and salary due to missing work;
- Reduced earning capacity—when injuries cause a reduction in working hours or a forced change to a lower-paying job;
- Pain and suffering—damages for any physical pain or emotional distress caused by the accident; and
- Property damage—repairs to your vehicle and personal property.
Unfortunately, because of their unforgiving weight and massive size, hitting a cow on the road can be fatal. If your loved one died from a livestock accident, you may be able to file a wrongful death claim to recover funeral and burial expenses, loss of financial support, and damages for the pain and suffering of losing a loved one.
What If I Am Partly Responsible for the Accident?
You can still recover if you are partly responsible for the accident. Kentucky is a pure comparative negligence state. Contributory fault does not bar recovery. However, your recoverable compensation will be reduced based on your portion of fault.
For example, if you suffered $100,000 in damages and found 20% responsible for the accident, you may be able to recover $80,000.
How Long Do I Have to File a Livestock Accident Claim?
You have one year to file a livestock accident claim. If you fail to bring a claim, you generally will lose your right to recovery.
There are a few exceptions to this time limit. A Kentucky livestock accident injury lawyer can review your case and determine whether you are still within the time frame to file a claim.
Contact a Kentucky Livestock Accident Injury Lawyer
Don’t try to handle a livestock accident claim alone. The law can be confusing, and insurance companies with ruthless legal teams and extensive resources will fight to limit their liability and pay as little as possible.
At Silva Injury Law, we will treat you with the respect and dignity you deserve. We won’t let insurance companies take advantage of you. We will review the facts of your case, analyze the law, identify the responsible parties, and calculate your damages to fight for the compensation you deserve.
If you or a loved one has been injured in a livestock accident, contact Silva Injury Law now for a free case evaluation.
Silva Injury Law is licensed in California and Utah. For cases outside these jurisdictions, we work with local counsel or refer cases as appropriate.
