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Before we jump to conclusions here we have to analyze the situations that made hitting a cow on the road before we start pointing fingers at each other and start playing the blame-game here. Because there is not enough information to be attained to answer this question fully and to really see who's fault it really was, a number of questions have to be answered before any law suits or claims can be filed in accordance to this accident.
For the cattle producer:
- What was the integrity of the fence along the road before the animal escaped? (i.e., Are the fences in good shape (which is typical of a fence that has been installed recently up to around 10 years ago) or are they always in need of repair?)
- Where did the animal escape from and how do you suppose it got to the road?
- Did the animal have a history of jumping, crawling through or breaking fences before?
- What time of day do you suppose the animal escaped?
- How long was the animal out before it got hit?
- Why do you think the animal escaped? (You know insurance companies are always going to be asking something like this!)
For the driver:
- What vehicle were you driving? What is the model and make of that vehicle?
- How fast were you going?
- Were you drinking alcohol or taking drugs before and/or during your drive?
- When did you hit the animal? I.e., day or night
- Were you able to see the animal before you hit it? Why or why not?
- Did this occur on a highway or on a gravel road?
Typically it really depends on a lot of variables to really say who's fault it was for hitting that bovine on the road. It could range from nobody's fault to both the driver and the producer's fault to the producer's fault to the driver's fault. It could even be the cow's fault. Only until we know the exact circumstances of this accident we will not be able to lay the finger of blame on anybody.
However, if the driver is found to be not At Fault and hit the animal by accident (likely because the cow got scared that it, in a panicked state, ran in front of the vehicle than away from it), then it would most likely be the producer's fault because [s]he has the responsibility of keeping fences in good shape enough to keep his/her animals in and not out. It would also be the producer's fault, if his fences are in good shape, to cull or confine those animals that are most likely to or have the history of jumping or breaking fences to get out to an area where this will not happen. If the producer fails to both maintain his/her fences and know which animals are likely to test the fence than others, then it would be that producer's fault.
But then another question emerges: What if it was a third party or "Acts of God" that is to blame for the cow escaping? What if it wasn't just that cow that escaped but a number of other cattle that did? The one likely reason for a large number of animals escaping is up to two possible causes: a severe thunderstorm that caused the animals to panic and escape from their holdings, or a pack of dogs from various neighbors harassed a herd of cattle so much that those animals had broken through the fence and escaped.
Thus, as mentioned above, we need WAY more information in order to come to a full conclusion about this incident.
What else can I help you with?
If cattle crossing signage is present who is at fault if you hit a cow?
The driver is responsible for hitting the cow. The sign is there to warn drivers to take care in case cows are crossing the road.
If you jaywalk and you get hit badly whose fault is it?
If you jaywalk and get hit badly, you will be considered at fault. This is because you were breaking the law and acting in an unsafe manner.
You got hit by unlicensed driver while making left turn on green arrow whose at fault?
The driver that hit you. Not knowing all the circumstances, the unlicensed driver would be at fault in the driving aspect, and in the fact that he/she should not have been on the road at all. Just a personal opinion
Who is at fault if you hit a cow in the road in Georgia?
There are far too many unknowns to this question to be able to answer it properly. However, you can take a look at the related question below for inspiration in your decision as to who deserves the blame and who doesn't.
Whose fault if you pull out and hit a passing car?
You. The person pulling into traffic.
Who is fault is it if you hit a dead deer in the road and it totals your car?
the deer
Whose fault is it if I hit a person crossing the street at night not in a cross walk?
their fault because they werent in the cross walk
Who's at fault when you hit a dog with your car?
If the dog is on the road when you hit it, it's the dogs owner fault (the dog should bave been restrained).
Who is at fault if you hit a pothole?
It is your fault for hitting an object that does not move. The owner of the road can not be held at fault unless he or she created it for the purpose of damaging a car.
Who is at fault if you hit a car reversing out of your drive?
You are! For not being cautious when reversing on to a road. You should make sure that it is safe and clear when reversing, if you hit another car it is your fault and not the person that is driving on the roads fault.
If you were hit in a car accident and the person who hit you is at fault but at the time you had no car insurance what are you entitled to now that it has been proven she is at fault?
you were the at fault driver for the simple fact that you did not have insurance. Which means you should not have been on the road in the first place. If you had'nt been on the road the accident would'nt have happened.
Whose at fault when car A pulling out of the side of a road is hit by oncoming car b car b hit the back left bumper of car A and both parties are uninsured?
Both parties are at fault for not being insured - in most countries this is a criminal offense, the law requires that drivers are covered by third party insurance.Usually a car pulling out of a side road should normally give way to on coming traffic which has the right of way - thus car A is at fault.
