COLLISIONS WITH ANIMALS AND LIVESTOCK
Collisions With Animals And Livestock Attorney
“Bold and deliberate representation is my hallmark. I want my clients’ adversaries to know that we will fight for the best possible position" - Donald D'Aunoy, Jr.
Automobile collisions often occur in rural areas that involve animals. A claim for injuries cannot be made by a driver that hits a wild deer or other wild, unowned animal. But personal injury claims can be made against farmers and owners of escaped livestock that wander onto roadways. Serious injuries often occur as the result of a driver colliding with an escaped farm animal, like a horse or cow. With horses and cows sometimes weighing a ton or more, a collision with one of these animals can be severe. These types of accidents can be devastating for both the occupants of the involved vehicle and the animal. The question becomes who is responsible for paying for vehicle damage and personal injury in these situations.
If you need legal assistance, the first step is talking to an experienced attorney about your situation.
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Who is responsible when a Louisiana driver hits an escaped farm animal?
To answer this question we must refer to Louisiana’s Civil Code. Article 2321 states that “[t]he owner of an animal is answerable for the damage caused by the animal.” Thus, if a farm animal (e.g., cow, bull, goat, horse or pig) escapes from its pen, shelter, corral or other enclosure and wanders onto a roadway and is hit by oncoming traffic, the owner of the animal is responsible for the damages of the drivers and passengers of the involved vehicle(s).
In most cases, the farm or home that the animal escaped from will be covered by an insurance policy that insures against damages caused by animals of the property owner. Homeowner policies written in rural areas typically contain language that protects homeowners from lawsuits to recover damages caused by farm animals and livestock that escape their property.
What damages can a person recover in an accident involving escaped livestock?
A person can recover the same damages from the owner of livestock and the owner’s insurance company that an accident victim can recover from the defendants in an accident involving multiple vehicles. The categories of recoverable damages include:
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Past Medical Expenses
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Future Medical Expenses
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Past Lost Wages
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Future Lost Wages
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Past pain and suffering and emotional distress
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Future pain and suffering and emotional distress
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Scarring Disfigurement
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Punitive Damages
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Loss of Consortium
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Property Damage
Whether a person can recover some or all of the above categories of damages will depend on the circumstances of his or her case. An accident victim should check with an experienced personal injury attorney to determine what categories of damages are recoverable in a given situation.
What are common human injuries in auto accidents involving farm animals and livestock?
Even though humans are inside vehicles during crashes with livestock or farm animals, serious injuries often arise. Some of the most common injuries include:
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cuts from the glass of the side window or windshield
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bruising and fractures of bones in the chest, pelvis, and abdomen
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severe trauma to the skull and brain
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serious neck and spine injuries
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punctured organs and internal bleeding
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crush injuries to the arms and legs that may be severe enough to require amputation
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whiplash
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headaches
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TMJ
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torn ligaments
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herniated and bulging discs in the neck and back
Consultation with an experienced accident attorney after a collision with livestock or farm animals is important so that the proper medical treatment can be coordinated and the victims’ insurance (health and auto) options can be evaluated.
Louisiana Livestock and Animal Collision Attorney
If you or loved one has been injured in a collision with a farm animal or livestock, contact Donald D’Aunoy “Lawyer Don” today for a free case evaluation. Lawyer Don offers free house calls. Lawyer Don meets with all of his clients regularly. No client is left in the dark. Speak directly with Lawyer Don about your case while your case is being handled.
“My goal is to reduce my clients’ stress: I want my clients to rest easy knowing that I am working hard for them and watchful of their best interests as if I were in their shoes.”
- Donald D'Aunoy, Jr.
