Who Is Liable for a Car Accident Caused by Livestock?

In Kentucky, a livestock owner may be liable when a failure to use reasonable care to keep animals off the road causes a crash. These collisions can cause serious injuries and, in some cases, fatalities. Determining fault in an accident like this requires careful consideration of numerous factors, including ownership and the animal’s presence on the roadway.

If you are in an accident with livestock, consult a reputable car accident lawyer in Lexington to gather evidence and prove fault. Give us a call for a free consultation with our legal experts today.

Laws That Provide Insight Into Liability

Kentucky’s personal injury laws clarify who may be held accountable based on the cause of the incident. In many cases, livestock owners may be responsible for the injuries caused, but there are limitations.

• Under KRS § 256.080, livestock entering another person’s land over or through a lawful fence can expose the owner or manager to liability for specified property damage. Subsequent trespasses can result in double damages; this is not a rule doubling compensation for repeat road crashes.
• Under KRS § 256.090, an owner or bailee whose livestock break through their lawful fence onto another person’s land lacking a lawful fence is generally exempt from liability for the first trespass, but liable for subsequent trespasses. This provision concerns entry onto land.
• Under KRS § 259.210, an owner may be liable for damage caused by cattle permitted to run at large. Kentucky courts interpret permission to include knowingly allowing cattle to roam or failing to use ordinary care to prevent it.

A roadway collision therefore requires an examination of negligence, causation, and the applicable statute. The land-trespass rules do not by themselves establish liability for every livestock crash.

Lawful Fence Explained

Fence condition can matter when investigating how livestock reached the road. Kentucky’s fencing provisions describe what qualifies as a lawful fence for land-trespass purposes. A compliant fence alone does not decide fault for a roadway collision.

Police and other investigators will consider all factors that led to the livestock’s presence on the roadway or path, including whether the owner knew or should have known about the risk of them doing so and whether the owner took action.

A comprehensive investigation is often necessary to determine fault. In addition to the cattle and fence, it is also important to consider your role in the accident. For example, you may be found partially at fault if you were driving recklessly or had ample opportunity to avoid the animal. This could reduce the compensation you receive.

A Lexington Car Wreck Attorney Helps Determine the Outcome of Your Case

Your attorney will gather evidence to demonstrate the negligence of the livestock owner, such as evidence of inadequate fencing or a failure to maintain the fence when those failures contributed to the crash. Your personal injury attorney in Lexington will also investigate whether the owner knew of an escape or fencing problem and had a reasonable opportunity to act before the collision.

Before you settle a claim with an insurance company, review your case with a local car accident attorney for clarification. They can provide the help you need to get the compensation you deserve.