You’re driving on a peaceful road when a cow or dog suddenly emerges in front of your vehicle. There’s no time to avoid it, and the impact damages your car. Worse yet, the injuries you’ve sustained mean you can’t return to work, and you’re facing ever-increasing bills.
When drivers think of animal-related car accidents, wild animals like deer often come to mind first. However, accidents involving roaming livestock and escaped pets are more common than you might think. In the aftermath of such collisions, you may face financial hardship and a complex legal process. USClaims can help by providing financial support through litigation funding.
Where Are Roaming Animal Collisions Most Likely?
Accidents with roaming livestock and pets can happen almost anywhere. However, according to a State Farm Insurance study, these states have the highest chance of animal collisions overall:
- West Virginia
- Montana
- Pennsylvania
- Michigan
- Wisconsin
- Iowa
- Mississippi
- South Dakota
- Virginia
Animal vehicle collisions are more likely in these areas due to long stretches of rural roads where loose livestock are more common. There are often also more suburban areas with high pet ownership. Per the State Farm study, United States drivers have a 1 in 127 chance of hitting an animal, with more than 1.8 million animal collision insurance claims between July 2022 and July 2023[1].
Common Scenarios Involving Livestock and Pet-Related Accidents
Regardless of the type of animal, the results of these collisions are often damaging for drivers. Beyond vehicle damage, you may suffer serious physical trauma.
Most accidents happen when a driver strikes a roaming animal that wanders into the road. However, drivers trying to avoid hitting an animal can swerve and collide with another vehicle or object.
Accidents Caused by Hitting Roaming Animals
These situations involve a driver directly impacting a roaming cow, dog, or other animal in the roadway. The accidents can result in severe vehicle damage, injuries, and sometimes driver or passenger fatalities. A 2022 report from the Missouri State Highway Patrol revealed that crashes involving animals resulted in 4 deaths and 344 injuries[2].
Accidents Resulting from Swerving to Avoid Roaming Animals
Another common scenario is when drivers swerve to avoid hitting a roaming animal. Although they may miss the animal, the evasive maneuver is dangerous and can cause collisions with other vehicles or objects. For instance, a driver might swerve to avoid a neighbor’s escaped dog and collide with oncoming traffic.
Beyond significant medical costs from the resulting injuries, these accidents can lead to fatalities and emotional trauma. If another driver injured you while trying to avoid a roaming animal, a car accident settlement advance can help cover bills while you await the outcome of your lawsuit.
Proving Liability in Roaming Animal Collision Lawsuits
If a collision with roaming livestock or an escaped pet causes injury or property damage, you may have grounds for a lawsuit against the animal’s owner. However, proving liability will depend on demonstrating that the owner was negligent in allowing the animal to be on the roadway.
For example, under Missouri law[3], the burden of proof falls on the person harmed by the roaming animal. To succeed in a lawsuit, you must show evidence of one or more of the following:
- The owner was negligent in maintaining fences or enclosures, allowing the animal to escape.
- The owner knew the animal could escape its enclosure but failed to take appropriate measures.
- The owner was aware the animal had escaped but did not remove it from the roadway within a reasonable timeframe.
- If the animal was being herded on or across the road, the owner failed to exercise the proper degree of care based on the circumstances (such as the time of day, visibility, or traffic conditions).
Understanding Open-Range vs. Closed-Range Livestock Laws
A key factor in determining liability in livestock collisions is whether the accident occurred in an open- or closed-range state.
In closed-range states, also known as “fence-in” states, the law typically requires livestock owners to keep their animals contained with adequate fencing. If a cow escapes and causes an accident, the law may consider the owner negligent and hold them liable.
However, the law generally allows livestock to roam freely in open-range states. In these “fence-out” jurisdictions, property owners are responsible for fencing out unwanted animals. Livestock owners are less likely to be liable for collisions in these areas.
The Importance of Gathering Evidence
Evidence is crucial to building a strong case for a roaming animal collision. This may include:
- Photographs of damaged fences or inadequate enclosures
- Eyewitness testimony regarding the owner’s awareness of the escaped animal
- Records of previous incidents or complaints involving the same animal or owner
- Expert analysis of the accident scene and circumstances
Back to our Missouri Example: In some cases, even if the animal owner was not negligent, they may still be liable under Missouri’s local option law. Certain counties have stricter regulations that impose liability for damage caused by roaming animals regardless of the owner’s fault.
It’s important to note that Missouri law does allow farmers to herd animals along roads in most cases unless prohibited by local ordinances. However, this privilege requires the owner to exercise reasonable care and only grants immunity for casual trespass on roadside property, not for animals that stray and cause damage.
Tip: Consulting with an experienced personal injury attorney is essential to pursue a lawsuit. They can help you gather evidence, navigate the complexities of liability law in your state, and build the strongest possible case.
How Litigation Funding Can Help
If you’ve been in a collision with a roaming animal and have a strong injury claim, pre-settlement funding can ease some of the financial strain as you recover.
Pre-settlement funding, or litigation funding, provides a cash advance for plaintiffs with a qualified pending personal injury lawsuit. It offers financial security while you await your settlement.
Litigation funding is non-recourse, meaning you don’t pay it back if you lose your case. There are also no restrictions on using the funds—they can cover expenses like rent/mortgage, groceries, and car payments.
When you request funding from USClaims, a dedicated representative will review it. Upon approval, you’ll receive a purchase agreement and funds within 24 hours. Your attorney reimburses us from the case settlement amount.
Review our frequently asked questions for more details on the litigation funding process.
Don’t Face Financial Hardship Alone
At USClaims, we understand the trauma of any accident causing personal injury. We know you’re fighting to recover physically, mentally, and emotionally while seeking justice.
You shouldn’t have to worry about unpaid bills, making rent, or putting food on the table. We can relieve some of that financial burden so you can focus on healing and your lawsuit.
As an American Legal Finance Association member, we adhere to the highest ethical standards for litigation funding.
Apply now or call 1-877-USCLAIMS to learn more.
The availability of pre-settlement funding varies by state. Contact USClaims for more information.
Sources
- “Where Are Animal Collisions Most Likely? – State Farm®.” State Farm, www.statefarm.com/simple-insights/auto-and-vehicles/how-likely-are-you-to-have-an-animal-collision.
- Missouri Traffic Crashes 2021 Statistics Department of Public Safety Missouri State Highway Patrol. www.mshp.dps.missouri.gov/MSHPWeb/SAC/pdf/2022E.pdf.
- Farmers’ Liability for Their Animals – University of Missouri. https://extension.missouri.edu/publications/g453#:~:text=RSMO%20section%20271.050).-,Animals%20on%20the%20highway,-Generally%2C%20animals%20are