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.

Fm Road or highway?

Cow's fault.

I believe it's the rancher's responsibility to keep his cows inside his fence. I would think the rancher is at fault.

It depends if the county has a stock law or not.

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.

What if it was a white cow?

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

This

These are helpful documents:

https://agrilife.org/texasaglaw/files/2022/06/click-here.pdf

https://www.mwl-law.com/wp-content/uploads/2020/01/TEXAS-STOCK-LAWS-BY-COUNTY.pdf

Texas Stock Laws by County:
https://www.mwl-law.com/wp-content/uploads/2020/01/TEXAS-STOCK-LAWS-BY-COUNTY.pdf

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.

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.

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

Rancher is responsible.

Highway



Kaufman Co

BP, what does the law say?

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

I’ve always heard there is some old school protection on farm to market roads


I blame the rancher

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.

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