Truck and Cow

What is the name of your state?MO
A cow walked out in the road and I hit it at about 50 mph and totaled out my truck and then it caught on fire and I ended up with some bulged disc in my lower back and a ruptured disc in my neck that they had to remove and put in a metal plate and a torn roto cuff and missed work for over 4 months.

[racer72]

You are in violation of the "and" rule. We allow no more than 3 ands in any one sentence. Your post has 8. Try replacing some of the ands with periods.

and

What happened to the cow?

[babymakesone]

[url]http://66.102.7.104/search?q=cacheEmBbdlygZYJ:muextension.missouri.edu/xplor/agguides/agecon/g00453.htm+Missouri+Fence+Laws&hl=en[/url]

MO is a "closed-range" state. The thing is that you will have to show negligence on the farmers part.

Are his cattle out on a continually basis? (This usually has to be documented with the sheriff/police department).
Are his fences in need of repair?

[stephenk]

mmmmmmmmm, BBQ!

[You Are Guilty]

Originally Posted by racer72

What happened to the cow?

Originally Posted by 4x4BA

A cow walked out in the road and I hit it ... and then it caught on fire

I'm guessing it ended up medium well.

oklahoma
i hite three cows almost two years ago suustained disk herniations bulging bon spurring and intense muscle spasms fortunately the farmer was at fault due to him letting his cows roam free for three days without making repairs i only have baout 6k in doctors bills more in lost wages

the cows dont end up medium rare and if you smelled them that night you wouldnt want them anyway
i went to a lawsuit loan place and they asked what my suit was worth how do i know that?

[rmet4nzkx]

While "the cow jumped over the moon" and a deer may suddenly leap out in front of your car and total it, It is pretty difficult for a cow to leap out in front of your car. You must have pretty good aim and nothing between your ears to intentionally plow into a cow at 50 MPH
No matter what the range laws are, you are traveling at an unsafe speed when you hit a cow at 50 MPH. Were you hoping to claim the road kill for yourself to stock your freezer with steaks?
Count your lucky stars that you walked away better off than the cow and be prepred for lots of rolling laughter as you seek a legal remedy on this one! ouch my ribs hurt!

[jpritchett81]

awwww poor cow oh well....

yes......i'll have a filet mignon well done with a baked potato with butter, extra sour cream. oh yeah and don't forget the A1 sauce please

[rmet4nzkx]

OP didn't state whether the cow was organic or grass feed, both are PC these days and will add to the value of the cow.

[JETX]

Originally Posted by rmet4nzkx

It is pretty difficult for a cow to leap out in front of your car. You must have pretty good aim and nothing between your ears to intentionally plow into a cow at 50 MPH
No matter what the range laws are, you are traveling at an unsafe speed when you hit a cow at 50 MPH.

Actually, that is not true at all. It is not uncommon for drivers to hit livestock (cows, sheep and horses) in the real world.... and without any fault of the driver.
For example, in this case, you do NOT know if the accident:
- happened at night, or
- happened at the top of a rise in the road, or
- whether this happened on a highway where 50 mph would be a very reasonable, and safe, speed.

You're continued making judgments, and posts, on this forum without any basis in facts is getting tiring. I would have hoped after the 10th or 12th correction, you might have learned.

The post by 'babymakesone' is absolutely correct in his/her referring the OP to the Missouri website. And the fact that there is such a website about liability for animals on the highway or roadways.... is further proof to anyone with a reasonable mind that this is NOT uncommon.... nor indicative of 'traveling at an unsafe speed'.

[HomeGuru]

I agree with JETX and also add that it may have been possible that the cow was a mad cow.

[JETX]

Originally Posted by HomeGuru

it may have been possible that the cow was a mad cow.

That's just bull!!

[HomeGuru]

Originally Posted by JETX

That's just bull!!

**A: No sh*t!

[rmet4nzkx]

Originally Posted by JETX

For example, in this case, you do NOT know if the accident:
- happened at night, or
- happened at the top of a rise in the road, or
- whether this happened on a highway where 50 mph would be a very reasonable, and safe, speed.

Correct because OP makes 1 post and doesn't even ask a question. Most people will describe their accident inserting things that might be favorable. OP doesn't say, it was night or a bend in the road or just over a rise. If you drive in rural communities, often times the roads have high speed limits but you must also be aware that livestock may be present on the roads and drive accordingly. MO does allow livestock to be driven along the highways. OP only tells us a cow walked out on the road and he was going 50 miles an hour when he hit the cow.

The post by 'babymakesone' is absolutely correct in his/her referring the OP to the Missouri website. And the fact that there is such a website about liability for animals on the highway or roadways.... is further proof to anyone with a reasonable mind that this is NOT uncommon.... nor indicative of 'traveling at an unsafe speed'.

Then you didn't go and actually read what was on the site? If you did you would see that there is provision to determine fault, in this case OP fails to explain anything he did to avoid the situation or anything that prevented him from avoiding it or any specific reason the owner of the cow was negligent.

"Animals on the highway
Generally, animals are on the highway either because they strayed from confinement or because they were being driven along or across the highway. Several variations can arise in this context.

If you are negligent in maintaining your fences and allow your animals to escape onto the highway, your liability exposure is increased. You can be liable to motorists using the highway for damages that occur when they collide with such animals, provided the driver himself was not negligent. You are also liable if the fences are in good repair, but you keep animals you know are capable of jumping or breaking out of the fence you maintain.

Liability is also possible when fences are adequate and in good repair and the animals, not being known to be capable of breaking out, do escape. If the owner knows the animals have escaped and fails to remove the animals from the highway within a reasonable period of time, he must respond in damages to those on the highway who are harmed. Again the theory behind your liability is negligence — failing to drive the animals off the highway under circumstances when an ordinarily reasonable and prudent person could have foreseen a risk of injury to motorists or to others.

If cattle escape and cause damage but the owner is not negligent, Missouri law may still impose liability upon the owner. In some states, courts require the owner to be at fault before being held liable. Other states impose liability for damage caused by animals regardless of the innocence of the owner.

Missouri appears to be somewhere between these two extremes. Missouri courts have said that if animals stray onto a highway and are involved in an accident, the law presumes negligence on the part of the owner of the animals. To avoid liability in such a situation, the owner must prove that he or she was not negligent or that the driver of the motor vehicle was himself negligent, and that this negligence on the part of the driver was a contributing cause of the accident."
I assumed the later based on experience driving in rural communities where livestock may be encounterd on the highway and that OP said nothing to indicate an excuse other than to speed at whch he hit the cow. If OP had stayed around we might have some answers.

[rmet4nzkx]

Originally Posted by HomeGuru

I agree with JETX and also add that it may have been possible that the cow was a mad cow.

Nah, the cow didn't have time to get mad BOOM! No time to get mad. BTW Jet, a cow is a bovine creature female in gender and therefore no Bull or BS