Livestock Accidents

“Livestock Accidents” by Texas Personal Injury Attorney Daniel Willis

Unfortunately, sometimes a large farm animal, such as a cow or horse, wanders onto a busy roadway and causes an automobile collision. Because these are large animals, the collisions typically cause serious injuries. These cases can be complex and recovering compensation takes an experienced lawyer.

Texas is a free range state. People are generally allowed to let regulated animals (cows, goats, horses, etc.) roam freely, except on US highways or State Highways.  However, some counties also have local stock laws that further restrict the roaming of livestock to other types of roadways.  Thus, holding a livestock owner responsible often depends on where the collision occurs.

Did You Hit a Regulated Animal on a Texas Farm-To-Market Road?

The majority of the 254 Texas counties have enacted a local stock law. These stock laws generally prevent owners from allowing their regulated animals to roam at large.  Most owners restrict their regulated animals by erecting wood or wire fencing.  Some owners also electrify the fence.  However, wood and wire fencing require constant maintenance and repair, which some owners fail to perform.  The failure to properly maintain fencing may allow animals to roam onto roads, making the livestock owner responsible for any collisions.

Did You Hit A Regulated Animal on A Texas Highway?

If the county does not have a local stock law and the collision occurs on a highway, the livestock owner may still be liable.  However, hitting a regulated animal on a Texas “highway” carries a different legal hurdle.  The Texas Agriculture Code provides that a livestock owner may not knowingly permit the animal to roam at large on a highway.  A “highway” means a US highway or a State highway, but does not include a numbered Farm-to-Market road.

The key to establishing an owner’s responsibility when a regulated animal is struck on a “highway” comes down to one question: “Did the owner knowingly permit the animal to roam at large on the highway?”  Because proving that an owner knowingly allowed his animal to roam at large can be difficult, you should consider consulting an attorney.

If you have an auto or motorcycle accident involving livestock, please contact the Begum Law Group today.  As always, it’s free to meet with us and you don’t pay any attorney’s fees until you receive compensation.  We would love to help you.