Forums46
Topics539,613
Posts9,751,817
Members87,171
|
Most Online25,604 Feb 12th, 2024
|
|
|
Who at fault
#8936732
10/16/23 07:42 PM
|
Joined: Aug 2009
Posts: 22,821
BigPig
OP
THF Celebrity
|
OP
THF Celebrity
Joined: Aug 2009
Posts: 22,821 |
Car hits a black cow middle of the night? Who at fault? Driver or rancher?
New scenario: Same farmer as above has 6 cows hit by cars over a 9 month period. Now who’s at fault?
A few of the wrecks resulted in people being Care Flighted away to Dallas. This is a road with a speed limit of 70mph. Most people in that area know who the owner is, it’s become quite an issue.
Wade Dews, REALTOR ® Rendon Realty, LLC Frontline Real Estate Team www.RendonRealty.comWadeDews@gmail.com 214-356-2410 Up to 1% for closing costs for First Responders & Veterans Proudly partnered with Assist The Officer Foundation https://atodallas.org/
|
|
|
Re: Who at fault
[Re: BigPig]
#8936737
10/16/23 07:51 PM
|
Joined: Oct 2006
Posts: 18,610
ducknbass
THF Celebrity
|
THF Celebrity
Joined: Oct 2006
Posts: 18,610 |
|
|
|
Re: Who at fault
[Re: BigPig]
#8936738
10/16/23 07:51 PM
|
Joined: Aug 2012
Posts: 15,617
TexFlip
THF Celebrity
|
THF Celebrity
Joined: Aug 2012
Posts: 15,617 |
Just to make sure that it is done thoroughly, I go both ways.
|
|
|
Re: Who at fault
[Re: BigPig]
#8936741
10/16/23 07:52 PM
|
Joined: Jun 2011
Posts: 34,380
Buzzsaw
THF Celebrity
|
THF Celebrity
Joined: Jun 2011
Posts: 34,380 |
I believe it's the rancher's responsibility to keep his cows inside his fence. I would think the rancher is at fault.
SPACE FOR RENT
|
|
|
Re: Who at fault
[Re: BigPig]
#8936744
10/16/23 07:54 PM
|
Joined: Nov 2020
Posts: 1,639
Texas452
Pro Tracker
|
Pro Tracker
Joined: Nov 2020
Posts: 1,639 |
It depends if the county has a stock law or not.
|
|
|
Re: Who at fault
[Re: Buzzsaw]
#8936745
10/16/23 07:55 PM
|
Joined: Apr 2007
Posts: 60,839
BOBO the Clown
kind of a big deal
|
kind of a big deal
Joined: Apr 2007
Posts: 60,839 |
100% depends on the county in TX. Still open range/fence out counties in Texas. If it falls in that realm of counties, you will be replacing the cattle and any other damages.
Bottom line, never trust a man whose uncle was eaten by cannibals.-Sen Joni Ernst
|
|
|
Re: Who at fault
[Re: BigPig]
#8936748
10/16/23 07:58 PM
|
Joined: Mar 2019
Posts: 19,189
TCM3
THF Celebrity
|
THF Celebrity
Joined: Mar 2019
Posts: 19,189 |
What if it was a white cow?
(R-TX)
|
|
|
Re: Who at fault
[Re: BigPig]
#8936751
10/16/23 08:00 PM
|
Joined: Oct 2006
Posts: 18,610
ducknbass
THF Celebrity
|
THF Celebrity
Joined: Oct 2006
Posts: 18,610 |
my father-in-law‘s neighbor hit a cow on an FM Road in Collin county and the lady was just distraught that the farmer did not have to pay for her car so she kept harassing him until he sued her for the replacement cost of the cow and she shut up and he dropped it
|
|
|
Re: Who at fault
[Re: BOBO the Clown]
#8936753
10/16/23 08:04 PM
|
Joined: Jan 2006
Posts: 7,318
BenBob
THF Trophy Hunter
|
THF Trophy Hunter
Joined: Jan 2006
Posts: 7,318 |
100% depends on the county in TX. Still open range/fence out counties in Texas. If it falls in that realm of counties, you will be replacing the cattle and any other damages.
This
Tired, Wired, and Uninspired
|
|
|
Re: Who at fault
[Re: BigPig]
#8936758
10/16/23 08:11 PM
|
Joined: Apr 2005
Posts: 20,061
TurkeyHunter
THF Celebrity
|
THF Celebrity
Joined: Apr 2005
Posts: 20,061 |
To be determined
|
|
|
Re: Who at fault
[Re: BigPig]
#8936769
10/16/23 08:19 PM
|
Joined: Jul 2019
Posts: 14,423
Hudbone
THF Celebrity
|
THF Celebrity
Joined: Jul 2019
Posts: 14,423 |
As you can see, most of the state is "fence out". unless on an interstate highway, hit a cow, owe for the cow. The guy cited by BP may well be a douche.
|
|
|
Re: Who at fault
[Re: BigPig]
#8936773
10/16/23 08:21 PM
|
Joined: Nov 2012
Posts: 15,750
QuitShootinYoungBucks
THF Celebrity
|
THF Celebrity
Joined: Nov 2012
Posts: 15,750 |
Guy in a little Bronco II hit one of ours on an FM road around 1987. Flattened the nose to the firewall. He sued and our umbrella insurance told him to pound sand, that he couldn't prove we were negligent as the gate was not open. No others were out, no history, no other accidents. He eventually dropped it.
36 years later, given our litigiousness these days, I wouldn't want it to see a courtroom. Guy that's had that many hit in such a short time is running short on 'I'm not negligent'. If I was on a jury I might want to send him a message, law allowing.
From the above link, the last three are going to put that dude in a bind no matter what his local law is:
Have I met the standard outlined in the local stock law? In a county with a stock law, a livestock owner may not permit his or her animals to run at large. If a third party is injured, a livestock owner is liable only if he or she permitted the livestock to run free. Texas courts have interpreted “permit” to mean to expressly or “formally consent” or to “give leave,” and that merely making it possible for an animal to run at large is insufficient to impose liability on a livestock owner. Permit does not refer to the “temporary escape” of animals. Rather, “it refers to animals allowed as a matter of course to graze and move about freely in an unconfined area.”9 In determining an owner’s liability for livestock roaming at large, courts look to the owner’s actions because an animal in the roadway does not automatically constitute a violation of a stock law.
Some examples of livestock owner actions that might result in liability include: leaving a gate open, authorizing a lessee to allow cattle to run at large, having notice that the livestock were out in the roadway and failing to remove the livestock, having knowledge that livestock previously escaped from the property, or failing to maintain the fences surrounding the pasture
https://web.archive.org/web/20170223065011/http:/www.rrdvegas.com/silencer-cleaning.html
|
|
|
Re: Who at fault
[Re: QuitShootinYoungBucks]
#8936780
10/16/23 08:32 PM
|
Joined: Apr 2007
Posts: 60,839
BOBO the Clown
kind of a big deal
|
kind of a big deal
Joined: Apr 2007
Posts: 60,839 |
Guy in a little Bronco II hit one of ours on an FM road around 1987. Flattened the nose to the firewall. He sued and our umbrella insurance told him to pound sand, that he couldn't prove we were negligent as the gate was not open. No others were out, no history, no other accidents. He eventually dropped it.
36 years later, given our litigiousness these days, I wouldn't want it to see a courtroom. Guy that's had that many hit in such a short time is running short on 'I'm not negligent'. If I was on a jury I might want to send him a message, law allowing.
From the above link, the last three are going to put that dude in a bind no matter what his local law is:
Have I met the standard outlined in the local stock law? In a county with a stock law, a livestock owner may not permit his or her animals to run at large. If a third party is injured, a livestock owner is liable only if he or she permitted the livestock to run free. Texas courts have interpreted “permit” to mean to expressly or “formally consent” or to “give leave,” and that merely making it possible for an animal to run at large is insufficient to impose liability on a livestock owner. Permit does not refer to the “temporary escape” of animals. Rather, “it refers to animals allowed as a matter of course to graze and move about freely in an unconfined area.”9 In determining an owner’s liability for livestock roaming at large, courts look to the owner’s actions because an animal in the roadway does not automatically constitute a violation of a stock law.
Some examples of livestock owner actions that might result in liability include: leaving a gate open, authorizing a lessee to allow cattle to run at large, having notice that the livestock were out in the roadway and failing to remove the livestock, having knowledge that livestock previously escaped from the property, or failing to maintain the fences surrounding the pasture The bold us also assuming its not an open range FM road. As there are lots of FM roads with no fences that cut through ranches. And the general public are clueless to Open range road signs.
Bottom line, never trust a man whose uncle was eaten by cannibals.-Sen Joni Ernst
|
|
|
Re: Who at fault
[Re: BigPig]
#8936789
10/16/23 08:39 PM
|
Joined: Nov 2011
Posts: 11,077
Texas buckeye
THF Celebrity
|
THF Celebrity
Joined: Nov 2011
Posts: 11,077 |
Curious which type of road and what the county law states.
This is a real issue but we live in a state that made its name early on by cattle ranching…
|
|
|
Re: Who at fault
[Re: Texas buckeye]
#8936807
10/16/23 09:09 PM
|
Joined: Jul 2019
Posts: 14,423
Hudbone
THF Celebrity
|
THF Celebrity
Joined: Jul 2019
Posts: 14,423 |
Curious which type of road and what the county law states.
This is a real issue but we live in a state that made its name early on by cattle ranching… errr . . . any type of road other than interstate highway
|
|
|
Re: Who at fault
[Re: BigPig]
#8937004
10/17/23 12:15 AM
|
Joined: Jan 2018
Posts: 1,740
pop r
Pro Tracker
|
Pro Tracker
Joined: Jan 2018
Posts: 1,740 |
|
|
|
Re: Who at fault
[Re: BOBO the Clown]
#8937052
10/17/23 01:09 AM
|
Joined: Aug 2009
Posts: 22,821
BigPig
OP
THF Celebrity
|
OP
THF Celebrity
Joined: Aug 2009
Posts: 22,821 |
Highway 100% depends on the county in TX. Still open range/fence out counties in Texas. If it falls in that realm of counties, you will be replacing the cattle and any other damages.
Kaufman Co
Wade Dews, REALTOR ® Rendon Realty, LLC Frontline Real Estate Team www.RendonRealty.comWadeDews@gmail.com 214-356-2410 Up to 1% for closing costs for First Responders & Veterans Proudly partnered with Assist The Officer Foundation https://atodallas.org/
|
|
|
Re: Who at fault
[Re: BigPig]
#8937057
10/17/23 01:16 AM
|
Joined: May 2009
Posts: 1,871
Grit
Pro Tracker
|
Pro Tracker
Joined: May 2009
Posts: 1,871 |
BP, what does the law say?
Garrett
|
|
|
Re: Who at fault
[Re: BOBO the Clown]
#8937084
10/17/23 01:36 AM
|
Joined: Apr 2011
Posts: 29,045
Western
THF Celebrity
|
THF Celebrity
Joined: Apr 2011
Posts: 29,045 |
100% depends on the county in TX. Still open range/fence out counties in Texas. If it falls in that realm of counties, you will be replacing the cattle and any other damages.
All US and state hwy in Texas are "closed range" per Texas Ag code, been a while and I don't recall the specific chapter. FM roads flow with the open/closed A habitual offender knowing allowing stock to roam is easier to charge/sue since there is a pattern of abuse. They must be aware of it and be neglectful. If that makes sense. to "permit" is important. Its in the Texas ag code Its a complicated law imo as the bar changes between Road types. "permit" or "knowingly permit" depending on State/ US vs fm roads. Some case law iirc, Texas S court has used both requirements in some cases
If at first you dont succeed, then skydiving is not for you..
"Don't trust everything you read on the Internet"- Abraham Lincoln Dennis
|
|
|
Re: Who at fault
[Re: BigPig]
#8937124
10/17/23 02:01 AM
|
Joined: Jul 2007
Posts: 35,199
Brother in-law
THF Celebrity
|
THF Celebrity
Joined: Jul 2007
Posts: 35,199 |
I’ve always heard there is some old school protection on farm to market roads
I blame the rancher
|
|
|
Re: Who at fault
[Re: BigPig]
#8937179
10/17/23 03:16 AM
|
Joined: Nov 2011
Posts: 11,077
Texas buckeye
THF Celebrity
|
THF Celebrity
Joined: Nov 2011
Posts: 11,077 |
Highway is a generic term.
Was this a 4 lane FM road or an interstate freeway or what?
Heck i would call a lot of streets around dfw area highways, some city streets are 8 lanes.
|
|
|
Re: Who at fault
[Re: Texas buckeye]
#8937203
10/17/23 04:37 AM
|
Joined: Aug 2009
Posts: 22,821
BigPig
OP
THF Celebrity
|
OP
THF Celebrity
Joined: Aug 2009
Posts: 22,821 |
Highway is a generic term.
Was this a 4 lane FM road or an interstate freeway or what?
Heck i would call a lot of streets around dfw area highways, some city streets are 8 lanes. It’s a 4 lane hwy, known as Hwy 80.
Last edited by BigPig; 10/17/23 04:38 AM.
Wade Dews, REALTOR ® Rendon Realty, LLC Frontline Real Estate Team www.RendonRealty.comWadeDews@gmail.com 214-356-2410 Up to 1% for closing costs for First Responders & Veterans Proudly partnered with Assist The Officer Foundation https://atodallas.org/
|
|
|
Re: Who at fault
[Re: BigPig]
#8937205
10/17/23 04:51 AM
|
Joined: Nov 2011
Posts: 10,072
unclebubba
THF Celebrity
|
THF Celebrity
Joined: Nov 2011
Posts: 10,072 |
Highway is a generic term.
Was this a 4 lane FM road or an interstate freeway or what?
Heck i would call a lot of streets around dfw area highways, some city streets are 8 lanes. It’s a 4 lane hwy, known as Hwy 80. Hwy 80? With repeated escaping cattle? Rancher's fault. Care to let us know which part? I'll be extra mindful when I'm on my way to visit my dad.
|
|
|
Re: Who at fault
[Re: Grit]
#8937206
10/17/23 04:59 AM
|
Joined: Aug 2009
Posts: 22,821
BigPig
OP
THF Celebrity
|
OP
THF Celebrity
Joined: Aug 2009
Posts: 22,821 |
BP, what does the law say? Beats me. If we have a cow where I work hit by a car, then her two legged [censored] should’ve been more careful crossing the road
Wade Dews, REALTOR ® Rendon Realty, LLC Frontline Real Estate Team www.RendonRealty.comWadeDews@gmail.com 214-356-2410 Up to 1% for closing costs for First Responders & Veterans Proudly partnered with Assist The Officer Foundation https://atodallas.org/
|
|
|
Moderated by bigbob_ftw, CCBIRDDOGMAN, Chickenman, Derek, DeRico, Duck_Hunter, hetman, jeh7mmmag, JustWingem, kmon11, kry226, kwrhuntinglab, Payne, pertnear, rifleman, sig226fan (Rguns.com), Superduty, TreeBass, txcornhusker
|