Hurt in a Vehicle Accident Involving a Cow, Horse, or Other Livestock Animal in the San Jose Area?
Car accidents or truck accidents in the San Jose area can be enough of a headache without additional liability questions involved. But vehicle accidents involving livestock can become a whole other beast when it comes to property damage, liability, and personal rights. Whether you were in an accident with a cow, horse, or other livestock animal in San Jose, you still deserve to understand your legal rights and claim compensation for your injuries and damaged vehicle. If you were hurt in a livestock accident, a San Jose livestock accident lawyer can help you make sense of your situation and pursue justice.
What are Livestock Accidents?
When most people think of vehicle accidents, they immediately think of car or truck accidents happening on crowded California highways or on busy San Jose streets. However, accidents can happen anywhere and with just about anything – not just other vehicles. In rural areas, like the area surrounding San Jose, drivers may be at risk of experiencing a livestock vehicle accident. Livestock accidents are car or truck collisions that involve a livestock animal, such as a cow or horse, or are caused by a livestock animal. For example, if an unsupervised and wandering bull makes its way onto a road and a driver collides with it, the driver may have a case for a livestock vehicle collision.
Typically, crashes involving livestock animals are caused by a few common animal types. Cows, bulls, horses, and sometimes llamas or alpacas may wander from their farm or ranch and onto a road, placing drivers in severe danger.
Are Ranchers and Farmers Responsible for Their Livestock?
In short, yes. In California, livestock is considered property of the rancher or farmer who owns the farm. This means it is the owner’s responsibility to train their livestock to avoid roads, fence their property, or supervise all grazing and free roaming. If a farmer or rancher in San Jose and the surrounding areas fails to do these things, they could be held liable if their livestock animals are involved in or cause a car or truck accident.
What Kind of Injuries Can Occur in Livestock Vehicle Accidents?
Similar to many car accidents, livestock vehicle collisions can cause a wide variety of injuries that could land you in the hospital for days. Livestock are stronger and sturdier than many people believe and can cause major damage to not just your vehicle, but also to you. The San Jose livestock accident attorneys at BD&J have seen cases involving:
- Broken bones
- Spinal cord injuries
- Traumatic brain injuries
- Internal injuries
- Abrasions and lacerations
- Neck injuries and whiplash
Cows, bulls, and horses involved in car or truck accidents typically do not walk away from the experience but leave major damage across the board.
How Can Livestock Accident Attorneys in San Jose Help?
With the addition of livestock in a car or truck accident, liability and evidence become much trickier factors to prove and collect, respectively. How do you prove what happened when you were likely the only human witness to the collision on a rural road? How can you identify who owned the animal?
These questions and others are why partnering with an experienced livestock accident attorney in San Jose can help you. The lawyers at BD&J specializing in car accidents and truck accidents involving cows, bulls, and horses understand how property law and damage play into the complexities of these accidents. They can help you collect evidence to prove your claim, track down the owner of the animal, speak to insurance adjusters on your behalf, and negotiate aggressively for your compensation.
Frequently Asked Questions
How often are livestock involved in car or truck accidents?
In 2023, 235 deaths occurred after striking an animal on the road. This data does not account for the number of accidents that occurred in 2023 and did not result in human fatality. The number is likely much higher. The number of deaths resulting from striking animals on the road has been climbing rapidly since 1975.
How long do I have to file a livestock personal injury claim?
Livestock accident lawsuits are classified as personal injury cases and, therefore, are subject to the same California statute of limitations as all other injury cases. Victims have up to two years to bring a claim.
How do I know who owns the livestock I crashed into?
This question can be difficult to answer as not all farmers or ranchers mark their livestock. However, many do. Livestock brands, painting, or tags are a great place to start to track down the livestock’s owner. Your San Jose livestock vehicle crash lawyer can help you find the owner and make your case.
Do I still have a case if the rancher doesn’t have fences?
Many roads run through private land. Other tracts of land are so large that ranchers don’t fence it in for the cost of it all. If a farmer or rancher allows their livestock to roam freely when they do not have a fence, they are still responsible for the training or supervision of their livestock animals.
Can I claim compensation if I was partially at fault?
Yes! In California, victims of livestock car accidents can still claim compensation even if they were partially at fault for the crash, thanks to comparative negligence. Comparative negligence assigns a percentage of fault to each party involved in the collision and reduces any award amount by the percentage that person is responsible for. For example, if you are awarded $100,000 but are 20% at fault for an accident with a local farm’s cow, you can still receive up to $80,000 in compensation.
How to Collect Evidence for Your Livestock Vehicle Accident Lawsuit
Collecting evidence for a livestock accident claim can be difficult and complex. That’s why a San Jose livestock collision lawyer should be your first stop after an injury-causing accident. Your attorney will assist you to gather relevant information that can help prove your claim, even if no other human witnesses were around.
- Any local video or photo evidence from the scene of the crash will be reviewed. Video and photo evidence is some of the most compelling information you can present in a case.
- Document the scene verbally or in writing. Draft a testimony of everything you remember about the accident to verify your story and present it in court, if necessary.
- Contact the police. Police reports are yet another compelling piece of evidence for any personal injury claim.
- Get medical attention right away. Not only is it important to make sure your injuries are properly treated and diagnosed, it’s also vital to create a medical paper trail. Your medical records will prove that your injuries were consistent with a “fixed-object collison” – essentially, a car accident involving running into something that’s not moving, like a cow or horse.
Skilled Livestock Accident Attorneys for San Jose Residents
However unlikely a livestock car or truck accident may seem, it’s always prudent to have someone on your side to help you fight for your rights when no one is there to witness the scene. Our San Jose livestock accident lawyers at BD&J are experienced in challenging claims and aren’t afraid to fight against difficult defense teams. We’ve proudly claimed more than $2 billion* for clients across San Jose and the entire state of California. If you’ve been hurt in a car or truck accident with a cow or horse, contact us today to see if you’re eligible for compensation!
