Cow Killed By Truck

[GranSuz]

My friends cow got killed on the road by a guy driving a truck. He left her and some truck parts there, not reporting the accident. A lady in a car came along and hit the cow again, doing some damage to her car. The Sheriffs Dept. called my friend (approx.10:00 P.M.) and he immediately went to the scene. He confirmed it was his cow, found no fences down & got the cow off the highway. The state trooper told him if he would take care of the ladys car that he wouldn't give him a ticket for the cow being on the road. After law officers left, 2 guys drove up and told friend that the guy that hit the cow, in the truck, was at a party they just left. My friend wasn't aware of the first vehicle killing the cow. He had left the scene of the accident. Friend asked the 2 guys if the guy driving the truck was drinking and they told him that he wasn't when he hit the cow, but he was now. My friend called the sheriffs office and reported what the 2 guys had told him, and where the guy was. Later He called the lady that hit the cow, & asked her about waiting to see if the sheriff found the guy, to see if he was liable. He told her he would fix her car if he was. Now a week later, the State Trooper came to My friends house and gave him a ticket. He has also heard that the guy in the truck has contacted the lady about filing a lawsuit against him for both vehicle repairs. Shouldn't the guy that killed the cow, and left without reporting the accident, be liable? I can't find a law on this. It would be an Arkansas Law.

 

[rmet4nzkx]

Basically, your question involves separate issues. Depending on the laws relating to keeping untended cattle off the roads your friend could be cited under the law and is seperate from the issue of the person hitting the cow, drinking and leaving being an additional liabiality issue. It will also depend on what the officer observed and any evidence gathered. Was the 1st driver cited, was there any evidence? What time of day and what conditions existed leading to the event?

Your friend was cited because it was his cow on the road, now the fact that there were no fences or gates opened, or may have been some mischief, may be affirmative defenses, having a good history of keeping untended cows off the road may come into play both in fighting the ticket and or his inclusion in the potential lawsuit. Is the 2nd driver trying to collect twice for the damage?

 

[GranSuz]

Seperate Issues

Law Officers haven't contacted the driver of truck or knew his parents and haven't done anything about it. Why did the State Trooper wait a week to issue a ticket to my friend on his cow? The Lady (2nd driver) was agreeable with my friend, and no she isn't trying to collect twice for damages. There was evidence of the guys truck parts at the scene, and the Lady hit the cow because it wasn't reported by the "Hit & Run". My friend has never had problems with his cattle being out of his pastures and has good fences and gates. Is this a lack of law officials follow up? My friend has lost money on his Cow (had a baby calf orphaned) and has agreed to do what he should, but what about the guy that hit the cow and left? He didn't report it, causing the 2nd accident. Will this be a civil case? or should my friend go talk to the Sheriff or Judge? Thank you for responding.

 

[rmet4nzkx]

He can report it to his insurance and the DMV for the 1st driver, they should be responsible for the loss, the cow & milk etc. contact them to get the name of their insurance and make a claim. Collect the truck parts, get the names and contact information for the witnesses, order the police report, including the additional report, perhaps it wasn't added, if so make the report again, then go the the police officer's supervisor and report/complain as needed. He may want to check out, since there were no open gates or breaks in the fence, just how the cow got out as there may be more to the story than hit and run.