The winding backroads of the Commonwealth are beautiful by day, but they turn treacherous after dark. You are driving a blind curve in Amish Country or just outside of Hershey when the road ahead suddenly disappears, blocked by a dark, immovable mass. The collision destroys your vehicle and leaves you with injuries that go far beyond a typical fender-bender. As you wait for emergency services and a tow truck, the shock begins to fade, and you start to worry. What happens if you hit a cow with your car in Pennsylvania?
Pennsylvania law does not automatically side with drivers or livestock owners. Who pays if you hit a cow on the road depends on the evidence, the condition of the fences, and whether the owner acted reasonably. Here, we explain how these cases are handled and what courts consider when deciding responsibility.
I Hit a Cow on the Road: Who Is Responsible in Pennsylvania?
The Commonwealth follows the traditional “fenced-in” rule, which requires livestock owners to keep their animals properly enclosed. Under Pennsylvania law, certain livestock, such as bulls and cows, are prohibited from roaming public highways. When farm animals are allowed to wander onto public roads, their owners may be liable if the escape occurs due to negligence or a violation of the statute.
In simple terms, owners must:
- Maintain secure, structurally sound fencing;
- Repair damage promptly;
- Monitor gates and latches; and
- Respond to known issues, such as repeated escapes.
If an owner leaves a broken fence unrepaired for months or continues to use a pen that cannot hold the animals, this is usually considered negligence.
Elements of Negligence Under Pennsylvania Law
To prove a livestock owner is responsible for the accident, you must meet the four basic negligence criteria in Pennsylvania law:
- Duty of care—the livestock owner had a legal obligation under state statute to keep their animals contained;
- Breach of duty—the owner failed to uphold that standard through carelessness, lack of maintenance, or inaction;
- Causation—that specific failure directly allowed the animal to enter the roadway and cause your collision; and
- Actual damages—you suffered verifiable physical injuries or financial losses as a direct result of the crash.
Pennsylvania courts ask whether the owner acted as a careful livestock keeper would under similar circumstances. If any one of these links is missing, your claim may be denied. Our goal is to show a clear connection between the farmer’s neglect and your injury.
Proving Negligence Is About More Than the Cow
Pennsylvania law does not have a single livestock-accident statute, so courts regularly rely on agricultural fencing laws, line-fence rules, and general negligence principles. You can make your case stronger by collecting evidence that the owner did not keep their animal contained.
Can you sue if you hit a cow? Yes, but to build a claim, you need to look into the farm’s practices to find out where safety failed, such as:
- Electric fence failure—finding dead batteries or ungrounded wires that failed to shock the animal away from the perimeter,
- Weather damage—identifying sections of fencing crushed by snow loads or fallen branches that the owner failed to repair,
- Habitual escapes—using police logs to show that this specific herd has been loose on the road multiple times before, and
- Gate negligence—discovering gates that were left unlocked or secured with inadequate materials that easily snapped.
This type of evidence shows that the owner could have prevented the accident. If the farmer knew or should have known their fence was failing, they can be held responsible for your damages.
“Res Ipsa Loquitur”
In many negligence cases, the fact that an accident occurred implies that someone was careless (a legal concept known as res ipsa loquitur). State courts have specifically rejected this concept in cases involving livestock accidents.
In Bender v. Welsh (1942), the Pennsylvania Supreme Court ruled that the mere presence of a horse on the highway was not enough to prove the owner was negligent. The court recognized that animals can sometimes escape even the best fencing due to unforeseen circumstances, such as a tree falling on a fence during a storm or “acts of God.”
This means that you cannot simply walk into court and say, “I hit a cow, so the farmer owes me money.” Under Bender, the burden of proof is on you to show exactly how the animal escaped and that the farmer’s carelessness allowed it to happen.
Recovering Damages: What Compensation Can You Receive After the Crash?
Pennsylvania follows a modified comparative negligence rule (the “51% rule”), meaning you can recover compensation as long as you were not more to blame than the farmer. Compensation can cover:
- Medical expenses for ER visits, surgeries, and physical therapy;
- Pain and suffering (in case of serious bodily harm), trauma, and loss of support or companionship;
- Income protection for the paychecks you missed while you were unable to work; and
- Securing the fair market value to replace your vehicle, as most cars in these accidents are totaled.
Insurance companies and defense lawyers may try to reduce your claim by saying you were speeding, distracted, or otherwise partially at fault. That’s why it is essential to maintain accurate records.
Results While You Recover
If a loose animal caused your crash, do not fight the system alone. At Silva Injury Law, we handle cases that involve both agricultural law and personal injury. Our job is more than just winning money for our clients. Don’t guess your way through a livestock accident claim. We’ve built our reputation on cases exactly like yours.
Let our team protect your rights, help you move forward, and get back to your life.
Resources:
- Pennsylvania General Assembly. Title 42 Chapter 71 Section 2. § 7102. Comparative negligence, link
- National Agricultural Law Center. States’ “Fence Law” Statutes, link
- res ipsa loquitur. Cornell Law School Legal Information Institute, link
- The Pennsylvania Code & Bulletin. 22PA. Code § 237.8. Negligence, link
