Truck and Cow

[JETX]

Oh, Christ, here we go into another battle of your semantics.... and attempts to bend the facts to support your erroneous post.....

Then you didn't go and actually read what was on the site?

Yes, I did. Did you??? Obviously not, as it clearly discussed the relevant issue and possible liabilities.

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.

Fault or the determination of it was NEVER a part of this thread. Again, it is just another of your 'imaginary' what if scenarios..... 'what if the OP meant to ask about determining fault?'.

And even then, the referenced information (and you repeated it), simply contradicts your own post, that "there is no provision to determine fault". Didn't you read it??
It CLEARLY says:
"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.""

The fact is, livestock and horses wander the highways quite often, as my brother found out when he hit a horse in North Texas while driving south on I-75, back about 1970 or so. The horses head came through the windshield, while the rest of his body went down the drivers side of the car. And yes, it was at night, and yes, it was just over the top of a hill. And no owner even dared step forward and lay claim to the animal (or what was left of him).

 

[JETX]

BTW Jet, a cow is a bovine creature female in gender and therefore no Bull or BS

Actually, my dictionary defines a 'cow' as follows:
n. Probably of Scandinavian origin
1. The mature female of cattle of the genus Bos.
2. The mature female of other large animals, such as whales, elephants, or moose.
3. A domesticated bovine of either sex or any age.

 

[rmet4nzkx]

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.

OP failed to ask a question. We are left to assume may things and I wasn't the first to respond. What do I assume? MY assumption is that he suffered an head injury from the accident and he doesn't remember what happened or understannd why we might ask what happened, he doesn't even understand he hasn't asked a question?

 

[babymakesone]

It CLEARLY says:
"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.""

Exactly. The owner of the livestock is always looked at for fault first. Then they will look at the driver.

We live along a state highway. Speed limit is 65 mph. A year ago, a loaded semi hit 4 calves & ended up killing 3 of them. He did about $40,000 damage to his semi tractor. We didn't have to pay for anything but our calves.

Why did we/our liabiliy carrier not have to pay? We have 3 barb-wire & another wire fence. All are "hot" (have electricity running through). There was no where that the fence was down. The calves had been checked on 1 hour prior to the accident - fences were also checked at that time.

Now, granted, the truck driver does have another 5 or 6 years to sue us & he just might...but, around me, people aren't going to say a word about how many times cattle are out & there are only 2 police reports in a 20 + year time filed.