QUESTION
Where is the negligence in an auto accident involving a bull in highway?
Asked on Feb 13th, 2012 on Personal Injury - Virginia
More details to this question:
March, 9:30 PM. Bull is standing in 4 lane undivided highway. I hit the bull causing injuries that put me on SSA disibilty. The owner says the bull jumped the fence at 7:00 pm. The owner tried to catch the bull but didn''t succeed in its capture. The owner says the last time he saw the bull was on a 2 lane side road by his farm. The owner heard the accident and never come to the scene. I was alert at the scene.To my knowledge no authorties were notified about the bulls escape. I know no one was around to warn traffic about the escape. My insurance company called his insurance company and his company.says he is not libilable for the accident. My car was in good shape before the accident. It had just passed VA state inspection 5 months prior. I left 4 foot of brake marks. I know in Va, if I am 1% negligent, I have no case. I know VA is an agricultural state. 2000 lb. bull vs 2005 lb. car. The bull lived & when all is said & done, I will get a vet bill. Show me the negligence.
1 ANSWER
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In Indiana, a keeper of an animal has a duty to keep it confined. If the keeper of the animal is negligent then he can be found liable for injuries which were proximately caused by that negligence. Indiana is also a comparative fault state, meaning that the fault of the driver would be compared with that of the animal's owner in determining whether there would be an award of damages. If the driver (in this case you) were more than 51% at fault for the accident, you would not recover. From your question, however, it sounds as if Virginia may be a state that still uses the law of contributory negligence, thus a finding of any fault on you, the driver, would result in no recovery. The best advice I can give you would be to contact a personal injury attorney in your jurisdiction and describe your situation. It will cost you nothing, and will give you the piece of mind of knowing whether or not you have a viable claim. Best of luck!
Chip Clark is an Indianapolis injury attorney with over 15 years of experience in personal injury litigation.
Answered on Feb 15th, 2012 at 2:30 PM