Cow caused LE contact

[2farnorth]

This morning going to work at 2:30AM I hit a large black cow on hwy 78 a little south of Leonard. It caused significant damage to my car and made me look and feel pretty bad. Two young ladies (angels I think) found me semi-conscious beside my car on the side of the road. (had head injuries) Anyway after the Fannin sheriff deputy arrived I remembered that my carry gun was under the seat of my crushed roof car and informed him. He instructed a fire dept man to get it and turn it over to my wife who was on the way. My wife told me that he checked with her twice to insure that the gun was secure. Then I left on a Care Flight ride to the Plano Medical Center. I'm ok though nothing serious was found. Just sore and got a big headache from the concussion and numerous cuts and abrasions to my head and face. (The cow landed on the windshield and roof of my small sports car) I'll call the officer tonight to thank him for taking care of things. (Also want to find out if they ever found the cow!!!)

[Crossfire]

Glad you are OK! What do you mean - find out if they ever found the cow? Really, how far could it have gotten?

[Keith B]

Hate those 'Moo and Run' accidents.

Seriously, glad you are OK. Hitting a 1/2 ton cow with a vehicle has left a lot of people in far worse shape, including dead. Take it easy and maybe you can at least get some nice steaks out of the settlement if they figured out who the cow belonged to. Livestock owners face potential criminal liability under the Agriculture Code, as
well as potential civil liability under the Texas case law if their livestock are involved in collisions with motor vehicles.

[RoyGBiv]

Glad you're ok.. Very glad.

What time should we be over for dinner??
You did get to keep the cow, right?

[2farnorth]

Thanks for the kind responses and well wishes

Glad you are OK! What do you mean - find out if they ever found the cow? Really, how far could it have gotten?

It was dark and the black cow was "ambulatory" when last seen. It was slowly walking north on the other side of the road. I would assume that since the front of my car impacted very low on the legs that they should have been broken, but it was seen walking. The fireman and officers hadn't found it yet when my wife left to head for the hospital. They had found a large patch of skin plus there was chunks of skin and hair all over my car (inside and out). My left pop-up head light assembly was never found though a small piece was imbedded in the windshield. They think the cow was thrown up onto the roof and windshield by the wedge shaped nose of the car.

Post by RoyGBiv » Tue Feb 07, 2012 2:51 pm
Glad you're ok.. Very glad.

What time should we be over for dinner??
You did get to keep the cow, right?

I'll let you know if I ever get it LOL

Keith B
I'm getting conflicting stories about their liabilities. One person experienced with the process here said you have to prove recurring negligence. That will probably depend on what the Sheriff's department has about past problems with the cow's owner. (If they ever found it). Won't know til the officer comes back to work this evening. My insurance is going to follow up also.

[Keith B]

Keith B
I'm getting conflicting stories about their liabilities. One person experienced with the process here said you have to prove recurring negligence. That will probably depend on what the Sheriff's department has about past problems with the cow's owner. (If they ever found it). Won't know til the officer comes back to work this evening. My insurance is going to follow up also.

Should have been more clear; the owner has a duty to fence and keep the animal in. If there is negligence on the rancher's part in that they failed to properly fence or neglected to maintain the fence and the cow got out, then they are liable. However, if no negligence can be shown on the farmer's part, then your insurance will have to cover the accident.

Texas Agriculture Code § 143

SUBCHAPTER E. ANIMALS RUNNING AT LARGE ON HIGHWAYS

§ 143.101. DEFINITION. In this subchapter, "highway"
means a U.S. highway or a state highway in this state, but does not
include a numbered farm-to-market road. The term includes the
portion of Recreation Road Number 255 that is located in Newton
County between State Highway Number 87 and the boundary line with
Jasper County.

Acts 1981, 67th Leg., p. 1350, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1987, 70th Leg., ch. 380, § 1, eff. Aug. 31,
1987.

§ 143.102. RUNNING AT LARGE ON HIGHWAY PROHIBITED.
A person who owns or has responsibility for the control of a horse,
mule, donkey, cow, bull, steer, hog, sheep, or goat may not
knowingly permit the animal to traverse or roam at large,
unattended, on the right-of-way of a highway.

Acts 1981, 67th Leg., p. 1350, ch. 388, § 1, eff. Sept. 1, 1981.

§ 143.103. IMMUNITY FROM LIABILITY.
A person whose vehicle strikes, kills, injures, or damages an unattended animal
running at large on a highway is not liable for damages to the
animal except as a finding of:
(1) gross negligence in the operation of the vehicle;
or
(2) wilful intent to strike, kill, injure, or damage
the animal.

Acts 1981, 67th Leg., p. 1350, ch. 388, § 1, eff. Sept. 1, 1981.

[texasag93]

Check and see if the farmer has fence down or see if the cow has a history of getting out. That could show liability.

Life Flight is going to be enough to give you a heart attack.

I am glad you are ok.

[2farnorth]

Check and see if the farmer has fence down or see if the cow has a history of getting out. That could show liability.

Life Flight is going to be enough to give you a heart attack.

I am glad you are ok.

Yeah I know. I got an estimate of $8-10k. I didn't know about the Care Flight til I was taken out of the ambulance and being wheeled up to the chopper. I questioned it and they said they had to for "severe" head trauma.

Keith B

Thanks for the law quote. That is about what I thought it would be. I'm not a law suit type of person but I would like to recover some of my losses. I am missing a some work also. Doc has me restricted for 3 days due to the concussion ...but I am retiring from my present job on this coming Friday. Looks like I'm retiring a little earlier.

[Sidro]

Glad to hear you are okay. In certain counties in Tx highways are subject to open range laws. Even though there are fences along both sides of the road if you hit a cow or horse in the roadway you are subject to pay for the animal and the owner is not liable for any damages to your vehicle. If it has been well documented with the S.O. that animals are repeatedly loose on the road in that area, then you can sue the owner for damages. These laws were enacted when it was open range years ago and are still on the books as such. This covers county, farm to market and state highways. In the county I live in this is true south of US 287 but not north of it.

Sorry about your misfortune but at least you are okay.

[ajwakeboarder]

Glad your ok man. Just out of curiosity, what kind of car do you drive?

[JJVP]

Found on the TexasCowForum:

Guys you would not guess what happened to me last night. I was coming back from visiting some friends when all of a sudden I see two bright lights coming straight at me. Before I knew what happened, I was flying up in the air and landed on this little car. I was hurt and missing a piece of skin. Went to see if the guy would help me get back to the barn, but when I checked he was sleeping on the side of the road. How inconsiderate of him. After beating me up, the least he could do was give me ride back to the barn. But no, he just pretended to be sleeping, so I had to walk all the way to the barn by myself. I later saw him flying off in a helicopter. He must be a rich important man.

Man I’m going to be sore for days. Those maniacs think they own the roads.

Be careful out there.

Elsie

[snatchel]

Found on the TexasCowForum:

Guys you would not guess what happened to me last night. I was coming back from visiting some friends when all of a sudden I see two bright lights coming straight at me. Before I knew what happened, I was flying up in the air and landed on this little car. I was hurt and missing a piece of skin. Went to see if the guy would help me get back to the barn, but when I checked he was sleeping on the side of the road. How inconsiderate of him. After beating me up, the least he could do was give me ride back to the barn. But no, he just pretended to be sleeping, so I had to walk all the way to the barn by myself. I later saw him flying off in a helicopter. He must be a rich important man.

Man I’m going to be sore for days. Those maniacs think they own the roads.

Be careful out there.

Elsie

[carlson1]

I am glad you are ok. As you know the car can be replaced no matter how painful it is.

[2farnorth]

Glad your ok man. Just out of curiosity, what kind of car do you drive?

It was an 1986 Pontiac Fiero.......no it hasn't burned ....yet Got it home now here's some pics

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Post by JJVP » Tue Feb 07, 2012 5:02 pm
Found on the TexasCowForum:

Guys you would not guess what happened to me last night. I was coming back from visiting some friends when all of a sudden I see two bright lights coming straight at me. Before I knew what happened, I was flying up in the air and landed on this little car. I was hurt and missing a piece of skin. Went to see if the guy would help me get back to the barn, but when I checked he was sleeping on the side of the road. How inconsiderate of him. After beating me up, the least he could do was give me ride back to the barn. But no, he just pretended to be sleeping, so I had to walk all the way to the barn by myself. I later saw him flying off in a helicopter. He must be a rich important man.

Man I’m going to be sore for days. Those maniacs think they own the roads.

Be careful out there.

Elsie

Oh my goodness thank you. But it hurts to laugh that hard.

edit to add pics