Ranchers and farmers have a duty to keep their livestock behind fences in most areas. They certainly are required to keep them off of federal highways. If a horse or cow is loose and causes you to have an accident, who should bear the cost of your truck’s repairs and your business’ lost income?
While truckers do their best to avoid all types of hazards in the roadways, even the best driver can’t avoid everything.
Imagine… two rogue horses
You’re driving down the highway at 2 am, you come around a curve, and there in the middle of the road are two black horses. You do your best to slow down with your heavy load. You do your best to go around the horses, but one decides to run the same way you turn. The horse hits your grill and dies on impact. You are okay, but your truck sustains a lot of damage.
After the police investigation, scene clean up, and towing of your truck to a shop, you start to consider the financial gravity of the situation. If you are an owner operator, you probably pay your own insurance premiums and try to avoid filing claims under your own policy for fear the premiums will go up or they will drop you.
What should you do?
Consider filing a claim against the owner of the livestock or with their insurance company. Hopefully, the owner of the animal’s listed on the police report. If not, you’ve got some investigating to do.
Make sure to provide the farmer and his insurance company with everything necessary to prove liability and prove damages. First, you must show that their insured (the farmer) was negligent in allowing animals to be on the road. Second, once the insurance adjuster agrees that their insured is responsible, you must prove how much is owed to you.
1. Proving liability: Take photos and videos of the livestock and the damages.
a. While at the scene, take pictures of the animal that caused the accident. Take note of any special identifying characteristics or branding. This will help identify the owner in case the police report does not state the owner.
b. If there is an open gate or broken-down fence where the animal got out, make sure you take plenty of pictures from both up close and further away. Include any rust or long term neglect to show the farmer wasn’t maintaining the fence.
c. Record the weather at the scene. Sometimes farmers will blame the escape of their animals on an “act of God” like a lightning strike that spooked them.
2. Proving damages: There’s more to damages than just fixing your truck.
a. If the repairs are significant, consider getting an independent adjuster to value your truck. If the truck’s going to be worth less post-accident, consider getting a diminished value claim.
b. Your truck may be down for a long time waiting on parts. If you can’t rent anything during the downtime, calculate your lost net income and add this to the claim.
c. Ask for reimbursement of every out-of-pocket expense you have due to the accident. This may include towing, rental of a car or truck, hotel, mileage, airline tickets and other expenses.
If negligent livestock becomes deadstock due to an unfortunate collision with your truck, know there are remedies. Consider hiring a transportation attorney to represent you and pursue every dollar you are out due to the accident. Many cases are resolved amicably with the other side rather than being pursued in court.
Kelsea Eckert enjoys helping clients resolve their insurance and downtime claims. She is active in the trucking community and is always willing to speak with groups about transportation topics.
Kelsea was raised in the Bloomington, Illinois area and has practiced law since 1988. She lives in Florida and Kentucky, representing clients across the United States.
Over the years, she has written numerous books, including: The Illinois Legal Filing Directory, Small Claims Court Without a Lawyer, How to Form Your Own Corporation, Getting Paid in Full, Lawsuits of the Rich and Famous, and Selling Internationally, Without a Product.
Kelsea regularly speaks at trade shows, podcasts, and radio shows on transportation issues. She writes articles for newsletters, magazines and the Eckert & Associates, PA blog. Some of her writings and interviews are available on Transport Topics, Landline Media, Expediters Online, Service Truck Magazine, and other transportation media networks.
Kelsea attended Illinois State University and University of Georgia during her undergraduate years. She graduated from Southern Illinois University School of Law. She is a member of the Illinois Bar and Florida Bar.
Kelsea is on the board of the Transportation Club of Jacksonville as the Driver Advocate Chair. She is involved in her community through volunteering, and she and her husband have two amazing children.