Quote:
Originally posted by Lyneo
Washington. My daughter was leading her 600 lb horse to a new pasture at 6:00pm. The horse backed into the road and was standing there. A Dodge truck came up over the hill and travelled about 300', struck the horse (tearing the lead out of my daughters hand) and threw her approx 20', stuck her again and threw her approx 10' feet and off the road. The truck did not apply brake lights until the police car passing the other way turned his lights on. The truck stopped approx 250' down the road from where the filly ended up. The speed limit was 40mph. The filly died at the scene. The driver initially said he thought he'd hit a dog. The next day my daughter's friend told her the man was in a hurry to get to a meeting. Can I file a claim for replacement cost of the filly? |
My response:
You can always make the claim; however, from your post, it appears that the claim will be denied on the ground that your daughter failed to maintain control of the horse when you said "The horse backed into the road and was standing there", causing the same to violate the driver's right-of-way.
The driver will undoubtedly make a viable claim against your daughter for vehicle repairs and / or injuries sustained by the collision.
IAAL
Linear Mode
