A 1,200-pound cow suddenly appears on a dark rural highway. You swerve, but it’s too late. The impact demolishes your vehicle and leaves you hospitalized with serious injuries. While specific statistics for these collisions in California aren’t readily available, livestock accidents represent a serious concern in agricultural areas.
Unlike collisions with wildlife such as deer, accidents involving farm animals like cows, horses, and sheep raise complex questions of liability and compensation. When livestock and vehicles collide, the results are often catastrophic — and determining who bears financial responsibility requires navigating California’s specific livestock laws. This post explains your general legal rights and the steps to take after a collision with livestock on California roads.
Who Pays When Livestock Causes an Accident?
California’s Livestock Laws and Owner Responsibility
In California, liability for livestock-related accidents is governed primarily by the California Food and Agriculture Code. Two key sections are particularly relevant:
Section 16902 states: “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.”
This means livestock owners have a duty to keep their animals from wandering onto highways if the roadway is bounded on both sides by fenced or otherwise separated property.
However, Section 16904 adds an important qualification: “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.”
This second provision means that simply showing an animal was on the road isn’t enough to automatically establish the owner’s liability. The injured party must demonstrate that the livestock owner was negligent.
Proving Negligence in Livestock Collision Cases
To recover damages after a collision with livestock, you must generally prove:
- The livestock owner failed to properly secure their animals
- This failure constituted negligence
- The negligence directly caused your accident and resulting damages
Examples of potential negligence include:
- Inadequate fencing or enclosures
- Failure to repair known fence damage
- Leaving gates open or unsecured
- A history of animals escaping with no corrective action
- Intentionally allowing animals to roam
It’s important to note that California’s laws make these cases more challenging than they might initially appear. The burden of proof rests on you as the injured party to demonstrate the livestock owner’s negligence.
Comparative Negligence Considerations
California follows a “comparative negligence” system, which means your compensation may be reduced if you were partially at fault for the accident. Factors that might affect your claim include, for example:
- Whether you were speeding
- If you were distracted (texting, etc.)
- Visibility conditions and whether you had headlights on
- If you failed to take reasonable evasive action
Let’s say you were texting while driving when you hit a cow that escaped through an open gate, both you and the livestock owner may share responsibility. Your recovery might be reduced by your percentage of fault.
Insurance Coverage for Livestock Collisions
After establishing liability, compensation typically comes from various insurance sources:
Livestock Owner’s Liability Insurance
Farmers and ranchers typically carry liability insurance that covers accidents caused by their animals. This insurance may cover, for instance:
- Your medical expenses
- Vehicle repair or replacement costs
- Lost wages
- Pain and suffering
Your Auto Insurance
If the livestock owner cannot be identified or is uninsured, your own insurance may provide coverage:
- Collision coverage pays for damage to your vehicle regardless of fault, though you’ll need to pay your deductible
- Medical payments coverage or Personal Injury Protection (PIP) can cover your medical expenses regardless of fault
- Uninsured motorist coverage might apply in some situations involving unidentified animals
Health Insurance
Your health insurance will likely cover your medical expenses, though they may seek reimbursement (subrogation) from any settlement you receive from the livestock owner.
Open Range Considerations
Some parts of California have designated “open range” areas. In these locations, different rules may apply regarding livestock owner liability. In open range territory:
- Livestock are permitted to roam freely
- The burden shifts to motorists to avoid animals
- Proving owner negligence becomes even more difficult
Before pursuing a claim, it’s important to determine if your accident occurred in an open range area, as this significantly impacts liability.
Steps to Document and Strengthen Your Claim
Immediate Actions After a Collision
If you’re involved in a collision with livestock, taking proper steps immediately can significantly strengthen your claim:
- Ensure safety first — Move to a safe location if possible and check for injuries
- Call 911 — Report the accident and request medical assistance if needed
- Document everything:
- Photograph the animal(s) involved
- Capture images of your vehicle damage
- Take pictures of the accident scene, including any broken fences or open gates
- Document road conditions and visibility
- Photograph your visible injuries
- Identify the owner — If possible, get the livestock owner’s contact and insurance information
- Gather witness information — Collect contact details from anyone who saw the accident or noticed animals loose in the area
- File a police report – Make sure the incident is officially documented
Follow-Up Actions to Support Your Claim
After the initial accident, take these additional steps:
- Seek comprehensive medical evaluation – Some injuries may not be immediately apparent
- Maintain detailed records of:
- All medical treatments and expenses
- Vehicle repair estimates and bills
- Lost wages and income opportunities
- Pain and limitations in daily activities
- Notify your insurance company promptly
- Consult with an experienced attorney who specializes in livestock collision cases
The Importance of Legal Representation
Livestock collision cases involve complex legal questions about negligence, evidence, and damages. An experienced personal injury attorney can:
- Investigate the accident thoroughly
- Identify all potentially liable parties
- Engage livestock experts to establish negligence
- Handle communications with insurance companies
- Calculate the full value of your damages
- Negotiate for fair compensation
- Represent you in court if necessary
The attorney may work with:
- Fence experts who can testify about inadequate containment
- Livestock behavior specialists who understand animal patterns
- Accident reconstruction experts
Penney & Associates’ Personal Injury Attorneys Can Help
Collisions with livestock on California roads can result in devastating injuries and substantial financial losses. These complex cases require experienced legal representation.
At Penney & Associates, our seasoned team of trial lawyers has a proven track record representing clients injured in livestock collision cases. With offices in Sacramento, Santa Clara, Los Angeles, Roseville, Irvine, Rocklin, Chico, and more, we’re positioned to serve clients throughout California.
Contact us today by filling out this form, calling our toll-free number at (800) 616-4529, or visiting one of our convenient locations for a free consultation. The sooner you contact us, the sooner we can begin building your case.
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