Who Is Liable for Car Accidents Caused by Animals?

Car accidents involving animals are more common in Colorado than you might expect. In urban areas, auto accidents can occur due to stray pets and wild animals entering urban areas. In rural areas, wild animals cross roadways, especially through the Rocky Mountains and open fields. Farming areas present unique issues where farm animals and livestock can escape into roads and present a hazard. If you are involved in a car accident with an animal, you need to know your legal rights and obligations. Colorado law differs based upon whether the animal is wild versus a pet or livestock. Our car accident attorneys in Colorado explain animal accidents and what to do after such a crash.

If you sustained injuries in an accident in Colorado, contact the personal injury lawyers at Front Range Injury Attorneys today to schedule your free consultation. Our experienced legal team are knowledgeable and zealous advocates for our clients and their cases. We treat our clients as people, not case files. Learn more about how we can help you pursue compensation for your injuries and damages. Contact our Denver law firm to learn more.

Is hitting an animal an at-fault accident under Colorado law?

Hitting an animal may be an at-fault accident depending upon the circumstances of the collision. Drivers have a duty to drive with reasonable care which includes driving at a speed appropriate for road conditions and allow enough distance to stop when there are road hazards. Sometimes a hazard is unavoidable, such as an animal darting into the road out of the trees. Drivers may be liable for accidents caused by negligence such as speeding or distracted driving. Hitting an animal may be an at-fault accident if the driver causes the collision due to negligence or violating traffic laws.

Accidents involving wild animals

Wild animal accidents can occur with deer, fox, coyotes, wildcats, squirrels and other animals around Colorado roads and highways. Wild animals can be part of the enjoyment of driving through the Colorado backcountry; however, they can also present a road obstruction or dangerous condition. When wild animal accidents occur, it is generally not the driver’s fault. Drivers have duties to drive with care to avoid road hazards but animals have no duty back to drivers. Generally an impact with a wild animal is viewed under Colorado law as a true accident.

If the driver is not following Colorado traffic law, the driver may be liable for the accident. Speeding, distracted driving, failure to use headlights or windshield wipers under appropriate conditions can all lead to a chain reaction causing an accident with an animal. When the accident is partially or completely the driver’s fault, victims of the collision may seek compensation from the liable driver.

Livestock Mishaps: Understanding Liability in Livestock Accidents

Livestock accidents, prevalent in regions like Colorado, present unique challenges. Unlike wild animals that are accountable to nobody, livestock are the property of a person who has duties to other people to exercise care in their ownership. Livestock may break free into public roads or highways where they become a roadway hazard. In these circumstances, the livestock owner is generally liable for an accident.

Under Colorado law, negligence is typically the deciding factor in liability for a car accident. In most auto accidents, one or more drivers are liable for causing the crash due to their negligent driving. A livestock owner, such as a farmer or rancher, may be liable for an accident if they are negligent in securing the livestock. Livestock owners are not strictly liable for their animals. They have a duty of care to secure their animals which means they must take reasonable steps to prevent their animals from wandering loose. Some of these steps include:

• Erecting fences to create a barrier for the animals
• Inspecting fences for damage or decay
• Repairing natural conditions that foreseeably allow animals to escape past fences
• Securing gates and other opening in fencing

Livestock owners cannot avoid their duty of care by placing warning signs at roadways.

Who is liable if you hit a cow?

Responsibility for a car accident involving a cow depends on the facts of the accident. If the cow wandered into the road because the owner failed to take reasonable steps to keep the animal secure, the owner is responsible. The driver may be responsible if the driver failed to exercise caution while driving such as speeding or texting while driving.

Often in these cases both parties share liability for the crash. An insurance company or jury in a personal injury trial may apportion blame between the driver and livestock owner. Colorado law follows comparative negligence, which means the driver’s injuries may be reduced or even eliminated due to the percentage of fault attributed to that person. An injured passenger or driver of a blameless car may have to pursue both parties to recover compensation for vehicle damage and bodily injury.

Car accidents involving dogs

Like livestock, dog owners have a duty of care to prevent their pets from wandering into roads and causing car accidents. Generally, a dog owner is liable for a car accident involving their pet. If a dog escaped into a street or other roadway, that is almost always the result of the owner failing to secure the animal. In some cases, dogs will escape despite the owner’s dutiful efforts to prevent it. In those cases, the owner may not be liable for negligence and the car accident may be a true accident where no person involved acted negligently. Comparative negligence may also play a role in car accidents involving dogs. An inattentive or negligent driver may share blame for an accident with a negligent pet owner.

Coverage Considerations: Does Car Insurance Protect Against Animal Damages?

Understanding the extent of insurance coverage for animal-related damages is essential for drivers. Car insurance may cover animal damage depending on the nature of the accident and the coverage you have. Collision or comprehensive coverage will likely repair your vehicle. Coverage for injuries may be limited to medpay if you have it. Your liability coverage will protect people injured by your negligence. If another person’s negligence caused vehicle damage or bodily injury, you may have a claim against that person and their insurance company.

Seeking Legal Guidance: Assistance from Denver Attorneys

Car accidents involving animals demand a comprehensive assessment of liability. From pet owners’ responsibilities to drivers’ obligations, every aspect plays a role in determining legal fault. Our team of Denver attorneys specializes in handling such complex cases. Contact us today for expert guidance and representation. Contact our Denver law firm to discuss your case. We offer free consultations for accident cases, so there is no risk to speak with our knowledgeable attorneys about your legal rights.