Texas Livestock Accidents – Who is Liable?

I Hit a Cow on the Road in Texas. Who Pays?

Texas is generally an open-range state. Livestock owners are not required to fence in their animals. Instead, property owners must build fences to keep livestock off their property.

However, this is the default rule, not the universal rule. Texas law does have exceptions for local stock laws and state highways.

Local Stock Laws in Texas

Texas allows each county or part of a county to adopt stock laws that prevent animals from running at large. These stock laws apply to:

• Horses, mules, jacks, jennets, donkeys, hogs, sheep, and goats;
• Hogs; and
• Cattle and wild turkeys.

In these areas, livestock owners can be liable if they negligently allow their farm animals to stray and cause a collision.

Texas and U.S. Highways

Texas considers all state and U.S. highways to be “closed range,” regardless of whether they are located in an open-range area or one that has a local stock law. State law holds that livestock owners cannot “knowingly permit” horses, cattle, hogs, sheep, goats, or similar animals to stray onto a highway’s right of way. However, this law does not apply to most farm-to-market roads.

To be successful in a claim, you must prove that the livestock owner:

• Had control of the animal, and
• Knowingly permitted the cow to stray onto the highway.

In Arraby Properties, LLC, v. Brown, the First Court of Appeals in Houston held that it’s not enough just to own the land. The individual must have had control of the livestock, such as taking care of them.

Further, the standard is not limited to negligence. You must prove that the individual with control knowingly allowed the animal to stray from the property and onto the highway. It’s not enough to show that it was possible for the livestock to escape or that the individual knew the hired hands lacked the means to care for it.

Established Open-Range Counties

For those counties that do not have the option to elect stock laws, they are permanently open-range counties, and include the following:

To fully understand the area where your accident occurred, hiring a seasoned attorney with experience in Texas open-range and stock laws is essential.

How Do I Prove the Livestock Owner Was Negligent?

If you hit a cow in a stock law jurisdiction, you must submit evidence of negligence. Examples may include the livestock owner:

• Leaving the gate open,
• Not repairing a damaged fence,
• Having a history of animals that escaped the boundary,
• Permitting animals to stray away from the perimeter or onto highways, and
• Failing to build a fence when required.

At Silva Injury Law, our dedicated legal team is well-versed in these complex laws. We will analyze the facts of the collision to determine the best way to present your case.

Can I Get Sued for Injuring or Harming the Cow?

Generally, no. Texas law gives immunity to the driver if they hit, injure, or kill an animal on the road. However, the driver would be liable if they were grossly negligent in the operation of the vehicle or acted with the wilful intent to hit, kill, injure, or damage the animal.

What Should I Do After a Cow Accident?

After an accident, there are certain steps you should take to preserve your claim and protect your health, including:

• Call 911. You should contact emergency services immediately, including police and paramedics.
• Seek medical attention. After any accident, you should seek medical attention as soon as possible because you may have injuries that are not yet apparent.
• Document the scene. Take photos of the road, your car, the livestock, the fence, and your injuries.
• Get contact information. Gather the contact details of any witnesses and the other driver.

State livestock accident laws are complex. Contact a Texas livestock accident attorney to guide you through your claim process.

Can You Sue If You Hit a Cow in Texas? How Long Do You Have to Bring a Claim?

In short, yes, you can sue. Texas gives you two years from the date of the accident to bring a claim for any injuries you or your loved one suffered. Failing to file a claim by this deadline generally bars you from financial recovery, no matter how strong your case is.

Contact Silva Injury Law for a Free Consultation

We know it can be an overwhelming time if you’ve sustained an accident with a cow and were injured. You’re facing mounting medical bills and lost income from the time you had to take off work. You don’t have to face this alone.

The seasoned attorneys at Silva Injury Law can help. We have experience in protecting the rights of injured Texans, and we are not afraid to take on ruthless insurance companies.

Contact Silva Injury Law for a free case evaluation.

Resources:

• Arraby Properties, LLC, v. Brown, 695 S.W.3d 532 (Tex. App.—Houston [1st Dist.] 2023), link.
• Petition for Election, Tex. Agric. Code § 143.021 (2009), link.
• Petition for Election, Tex. Agric. Code § 143.051 (1981), link.
• Petition for Election, Tex. Agric. Code § 143.071 (1981), link.
• Exceptions, Countywide Elections, Tex. Agric. Code § 143.072 (1981), link.
• Definition Tex. Agric. Code § Sec. 143.101 (1987), link.
• Running at Large on Highway Prohibited, Tex. Agric. Code § Sec. 143.102 (1918), link.
• Immunity from Liability, Tex. Agric. Code § Sec. 143.103 (1981), link.