Accidents Involving Cattle and Livestock

Liability

Bodily Injury Claim After a Crash Involving Cattle or Livestock

Texas law requires that livestock be confined, and fences confining livestock should be made with sufficient materials. If the owners of livestock willfully allow the livestock to run at large. Accordingly, if the owner knowingly lets the animal out onto the road and a car crashes into the animal, the owner may be held liable for the accident, any property damage done to the car, and any injuries the driver suffers.

What if the cattle or livestock escape their enclosures and cause an auto accident in Texas?

Then the accident victim must prove that the owner’s negligence led to the livestock being on the road and causing the crash and resulting injuries. To prove negligence, an injured party must show that the livestock owner owed him a duty of care, that the owner breached that duty of care in some way, that this breach caused injury, and that the victim’s injuries were caused by the breach.

Whether the owner of the livestock was negligent will usually be a factual determination and can vary from case to case. If the owner knew that his fencing was broken or otherwise insufficient, or if he left the gate open or unlocked, then he may be deemed to be negligent and responsible for any auto accidents caused by his livestock being in the road. If there were prior instances of the livestock escaping, then the owner is more likely to be held liable than if this was the first occurrence. If a car accident involving cattle or other livestock occurred because the owner did not promptly capture the animal after it escaped, then the accident victim may be able to prove negligence.