Whose fault is it if you hit a cow on the road?

Before we jump to conclusions here we have to analyze the situations that made hitting a cow on the road before we start pointing fingers at each other and start playing the blame-game here. Because there is not enough information to be attained to answer this question fully and to really see who's fault it really was, a number of questions have to be answered before any law suits or claims can be filed in accordance to this accident.

For the cattle producer:

• What was the integrity of the fence along the road before the animal escaped? (i.e., Are the fences in good shape (which is typical of a fence that has been installed recently up to around 10 years ago) or are they always in need of repair?)
• Where did the animal escape from and how do you suppose it got to the road?
• Did the animal have a history of jumping, crawling through or breaking fences before?
• What time of day do you suppose the animal escaped?
• How long was the animal out before it got hit?
• Why do you think the animal escaped? (You know insurance companies are always going to be asking something like this!)

For the driver:

• What vehicle were you driving? What is the model and make of that vehicle?
• How fast were you going?
• Were you drinking alcohol or taking drugs before and/or during your drive?
• When did you hit the animal? I.e., day or night
• Were you able to see the animal before you hit it? Why or why not?
• Did this occur on a highway or on a gravel road?

Typically it really depends on a lot of variables to really say who's fault it was for hitting that bovine on the road. It could range from nobody's fault to both the driver and the producer's fault to the producer's fault to the driver's fault. It could even be the cow's fault. Only until we know the exact circumstances of this accident we will not be able to lay the finger of blame on anybody.

However, if the driver is found to be not At Fault and hit the animal by accident (likely because the cow got scared that it, in a panicked state, ran in front of the vehicle than away from it), then it would most likely be the producer's fault because [s]he has the responsibility of keeping fences in good shape enough to keep his/her animals in and not out. It would also be the producer's fault, if his fences are in good shape, to cull or confine those animals that are most likely to or have the history of jumping or breaking fences to get out to an area where this will not happen. If the producer fails to both maintain his/her fences and know which animals are likely to test the fence than others, then it would be that producer's fault.

But then another question emerges: What if it was a third party or "Acts of God" that is to blame for the cow escaping? What if it wasn't just that cow that escaped but a number of other cattle that did? The one likely reason for a large number of animals escaping is up to two possible causes: a severe thunderstorm that caused the animals to panic and escape from their holdings, or a pack of dogs from various neighbors harassed a herd of cattle so much that those animals had broken through the fence and escaped.

Thus, as mentioned above, we need WAY more information in order to come to a full conclusion about this incident.