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If You Strike An Animal in a Roadway, Who is Liable? 

If You Strike An Animal in a Roadway, Who is Liable? 

May 15, 2023

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If You Strike An Animal in a Roadway, Who is Liable? 

by Jordan
May 15, 2023
in Law
0

You do not have to be traveling on a two-lane rural road to encounter animals on your journey. Domestic and wild animal collisions can occur on all types of roads. 

The animal cannot be held accountable or prosecuted for damages, but a careless owner who lets the animal wander freely may be liable. Similarly, if the driver was speeding or otherwise violating the law, the driver’s carelessness might be used to infer responsibility. The underlying denominator is that determining culpability in an animal disaster is not always straightforward. Speak to a Columbia City car accident lawyer to learn more. 

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Deer, squirrels, and foxes are common free-roaming animals in several states. They do not look both ways before crossing the street and are not accountable for following traffic regulations. They also do not have an owner who may be held accountable for a vehicle operator’s injuries and losses.  

Pets and farm animals are a different matter. Their owners are supposed to keep them secure and prevent them from running free, and they may face legal consequences if they do not. Even here, however, there is a gray area if the owner has made reasonable attempts to safeguard the safety of their animals. These reasonable attempts may be sufficient to absolve the owner of carelessness or negligence. 

Common accidents involving animals 

One common photo of an animal accident is a deer darting in front of your automobile, which you strike. While this is a famous example of an animal traffic nightmare, it is far from the only one, although it may be used as proof of fault.  

If a deer emerges in front of your car and it is too late to slam on your brakes, you must file a claim with your insurance provider. Even so, your claim will most likely be denied unless you have a collision or comprehensive coverage. You, your passengers, and your car are not covered if you only have basic liability coverage.  

Assume you are speeding when the deer joins the road, or you are distracted by text messages and do not notice the animal. This is a very different story. You might now be held accountable for breaching the law that caused the accident. The essential legal norm is that the careless one can be held accountable.  

Let us change the animal to a cow from a farm near the route you are going on. You collide with the cow as it enters the road. If the cow’s owner did not take necessary safety and animal enclosure precautions, he or she would likely be liable. Again, if you breach the law, the blame may be transferred back to you. 

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