If no warning signs are posted, then you may be able to hold the animal's owner at fault or partially at fault, depending on your states regulations regarding farm animals and depending on how and why the animal was loose. You could only hold the owner at fault if you can determine that the accident was the result of the owners negligence or failure to exercisereasonable care and control to keep the animal secured.
If the Farmer was the victim of property damage resulting in the animals escape and this was unknown to him or by a reason beyond his control, such as an act of nature or vandalism, then he is not at fault and should not be held liable. This is much the same situation as if your car was stolen and the thief took your vehicle to rob a bank and hit 3 people in the getaway. We would not hold the owner of the stolen vehicle at fault for the robbery nor for the reckless driving of the bank robber.
This type of a loss could sometimes be determined to be mutual fault. Fault in this case again would hinge on "reasonable care and control", This applies to both the animal owner and the driver of the vehicle that hit the animal. You can't hold the owner of the animal liable simply because he is the owner.
As an Example, If a neighbors child runs out into the street and you hit the child, without an establishment of negligence, you can not hold the parent at fault for damages to your bumper, simply because they are the parent of the child.
Although it is a good Idea for Farmers and Ranchers to insure against this type of loss, There is no requirement of law that the property owner have any specific limits of coverage nor that he have any insurance coverage at all. It is the property owners choice to buy insurance or not. Their may sometimes be contractual obligations to carry property or liability insurance when a finance note is involved. It is also the property owners choice as to the limits and scope of any coverage he desires.
From a Texas General Agent.
_______________________________________________________Responsibility of Hitting a Farm Animal on a Public Road
I'll agree with the crossing signes being posted & that the operator of the motor vehicle to be in control of their vehicle at all times... Also here in my area one of the rule sin farming is: that we Farmers are to keep our fences up & livestock in so that damages like this does not happen. I myself have always thought hat if a horse, coe or other gets out & causes damage to others property, it is we the Farmers fault. Maybe laws are different in other states. M.C.S.
Here are opinions from various Wiki s Contributors:
Generally speaking, if the area is closed range, which a vast majority of the country is, it is the responsibility of the farmer to keep his animals. If it is open range, all bets are off, and the driver is on notice that farm animals could be 'ranging' anywhere, and the responsibility transfers to the driver, even to the point of having to pay for the injured or killed animal.
Yes, the driver is responsible for making sure the vehicle they are driving is safe to be driven on public roads. In Oregon, a driver could be charged with criminally negligent homicide If someone dies because of a collision caused by mechanical failure on their vehicle.
If the ATV travels on any public road/highway, then yes, the driver and the vehicle must be licensed ... and insured.
No driver is allowed to operate a vehicle on public roads in the U.S. without Financial Responsibility regardless of license status.
Any Driver operating a motor vehicle on public roads is required to carry Financial Responsibility.
It is illegal to abandon a vehicle on a public motorway, as it is a serious threat to the safety of drivers. Abandoning your vehicle on someone else's property will probably result in the vehicle being ticketed and towed, and the owner/driver being fined. If the vehicle is abandoned in a secure location and/or looks suspicious, it will be seized by police to be searched, and the driver may be detained. You may only abandon your vehicle on your own property.
Yes you do need a cdl for a job as a UPS driver. A CDL license is a commercial drivers license and since a UPS driver drives a commercial vehicle on public roads the driver does need this specialized license.
Yes. The lender is legally required to sell the vehicle at public auction for as close to the fair market value as is possible. The proceeds of the sale of the vehicle is applied to the loan balance and the borrower is responsible for any deficiency and possibly additional fees.
The owner of the car. If YOU got a ticket because YOU were operating an uninsured vehicle on a public road, YOU are responsible for the ticket. There may also be a citation for the owner for having the vehicle registered without the required insurance.
The debt is not cancelled simply because the vehicle was repossessed. The borrower is still responsible for the existing amount of the loan (if any) after the vehicle has been sold at public auction.
This is not as simple as a yes or no. It depends on the circumstances and relevant state law.
When a vehicle is repossessed it is sold at a public auction for the fair market value (or as close to such as is possible). The borrower/debtor is responsible for any deficit in the amount between what the vehicle is sold for and the remaining balance of the loan contract plus additional fees such as cost of the repossession action. So, in that context, the person is responsible for the "full price" of the vehicle.
No, but if you wish to actually drive a vehicle, you will need to have insurance on that vehicle. A driver must also have a valid driver's license. Anyone who wishes to drive a car on a public street needs to have that vehicle registered and licensed as well as having liability insurance on that vehicle.
All driver of a motor vehicle on public roads must carry proof of Financial Responsibility at all times. There is no exception for a newly acquired vehicle.
In my state of CT to drive any vehicle on its public streets a driver must have a valid drivers license. If person with a DWI conviction has not had his license suspended, then he may operate any motor vehicle.
Not while riding on a public thoroughfare. Remember, a bicycle IS a vehicle and subject to the traffic laws. You are required to be able to hear and react to your environment, just as if you were the driver of a motor vehicle.
we all are responsible for durty public places
If you are "Uninsured", then you are "uninsured. You may or may not be an insured driver on the vehicle owners policy. Just because someone else has coverage for that vehicle does not automatically mean you are a covered driver. The insured should contact the insurance company or the insurance agent to determine the status of an unscheduled driver. Some auto insurance policies will cover the occasional driver while other policies will not. All drivers of a motor vehicle on public roads are required to carry proof of financial responsibility at all times.
PLPD is public liability and property damage. Property damage provides insurance cover against damage caused by you to the other person's vehicle or building, etc. Public liability insurance covers the occupants of both your and the other vehicle usually to a maximum of $250,000. Note that PL&PD does not cover your vehicle nor you as the driver.
Sold as is means you are not responsible. You are selling it as it is. Unfortunately in California there is no AS-IS clause for vehicle sales. If it is registered as operational and you sold as operational then the seller is responsible for smogging it. The title of an operational registered vehicle can NOT be transfered without a smog certificate. If it does not pass smog, the purchaser can require the seller to pay for repairs to pass smog. The work around is to register the vehicle as Planed Non-operation (PNO) and sell the vehicle as non-operational. It may not be driven or parked on a public street and would need to be towed from it's residence by the purchaser. The purchaser would then not be able to drive or operate the vehicle on public roads until they registered it as operational. The purchaser would be responsible at that point for smogging the vehicle since they would be the title holder at that time.
The Committee of public Safety was responsible for it.
The public information officer is responsible for keeping the public appraised about internal happenings in the organization. The officer chooses which information is appropriate to share with the public.
Yes you can but the police officer must be certain that you have been driving the motor vehicle on the public highway ie he has followed you there or your vehicle has been involved in an accident and failed to stop and you are the owner of the vehicle if you were not the driver you must inform him who was
Yes, All drivers in all 50 states are required to provide proof of financial responsibility when operating a motor vehicle on public roads. Whether you are a primary or secondary driver is not pertinent.
Joe Natuman is the Minister Responsible for Public Service Commission for Vanuatu.
Government is responsible for caring for public property