When a truck collides with a domestic animal such as a cow or horse, the resulting injuries can be very serious. The animal, by its nature, can cause extensive damage to the vehicle and potentially result in serious injuries for vehicle occupants. Under these circumstances an experienced car accident lawyer can help to identify any and all potentially liable parties and maximize the chance of recovery.
An experienced motor vehicle accident lawyer will likely examine whether the owner, harborer , or any other person who exercised dominion and control over a domestic animal was negligent or could be strictly liable. Before a relatively recent change in the law, owners of livestock could be held liable for injuries inflicted by their animals based only on a “strict liability” theory. This theory, among other things, requires a showing that the owner was aware of the animal’s “vicious propensities.”
In 2013 the New York Court of Appeals, the state’s highest court, created an exception to that rule. The Court held that, “a landowner or the owner of an animal may be liable under ordinary tort-law principles when a farm animal—i.e., a domestic animal as that term is defined in Agriculture and Markets Law § 108 (7)—is negligently allowed to stray from the property on which the animal is kept.” Thus, injured motorists may now, in certain cases, circumvent the “strict liability” rule detailed above. New York courts have held that evidence of a horse or cow in the road generally gives rise to an inference of negligence. The landowner or animal owner will generally be required to explain how and why the animal made its way into the roadway.
Thus, after a truck accident involving a horse or cow an experienced personal injury attorney will generally seek to obtain evidence about who owned the animal, and how it made its way onto the road.
How Personal Injury Lawyers at William Mattar, P.C. Can Help
An experienced attorney at William Mattar, P.C. can review the facts to see what actions can be taken to help an injured person achieve maximum compensation. If you find yourself in such a situation, and you are looking for an experienced attorney, the personal injury lawyers at William Mattar P.C. can help. Contact us today, or call us, at 844-444-4444, to schedule a free consultation.