While agriculture and farming may very well seem like a thing of the past to the urban United States, it’s alive and well in many parts of California as a crucial part of our economy. Infrastructure, such as roads and highways, have been built up throughout the state, and oftentimes, these run in between previously open spaces where livestock are held. It’s no secret that animals are heavy: cows and horses can weigh more than a small car. A collision between an animal this size and a car could result in devastating injuries or even death. If you or someone you know has been injured in a car accident involving livestock, contact a car accident attorney in Stockton for help.
Livestock owners have a responsibility to properly control and secure their animals so they do not intrude onto highways. Owners also have a duty to fence their properties and confine their animals so accidents like this do not occur on roads and highways. It is a little known fact in California that the animal owner holds any liability; most assume that it becomes the motor vehicle operator’s fault. Like all personal injury cases, proving liability is the most important element in these legal cases. Because every situation is different, contacting a car accident attorney in Stockton is the best way to find out if you are entitled for compensation.
Section 16902. “A person that owns or controls the possession of any livestock shall not willfully or negligently permit any of the livestock to stray upon, or remain unaccompanied by a person in charge or control of the livestock upon, a public highway, if both sides of the highway are adjoined by property which is separated from the highway by a fence, wall, hedge, sidewalk, curb, lawn, or building.”
Section 16904. “In any civil action which is brought by the owner, driver, or occupant of a motor vehicle, or by their personal representatives or assignees, or by the owner of livestock, for damages which are caused by collision between any motor vehicle and any domestic animal on a highway, there is no presumption or inference that the collision was due to negligence on behalf of the owner or the person in possession of the animal.”
The results of such accidents can be devastating, especially since all of these accidents can be preventable. If the animal’s owner was negligent in securing the livestock, you may be entitled to compensation. Some examples of negligence include:
If you’ve been injured or a loved one has been wrongfully killed in a livestock-motor vehicle accident, seek the assistance of a car accident attorney in Stockton. Call or email today for a free consultation.