Following a car crash, most people will call a car accident attorney for help. These attorneys handle claims resulting from many types of collisions, including those on the highway or at intersections.
However, if you crashed into an animal that a rancher allowed onto the road, who do you call? Can any car accident lawyer handle this type of claim?
Livestock-related crashes present unique legal issues and require evidence to prove liability. Consult a livestock accident attorney if you hit a cow, sheep, or horse on the road.
Below are only some examples of how a skilled livestock accident lawyer can help you and what they do.
Investigating the Accident
Livestock lawyers investigate accidents by actively gathering and analyzing evidence. First, they might have investigators visit the accident site to collect information about the accident and observe any physical evidence present. This includes any fencing that might be down or poorly maintained that should have contained the animals.
Owners regularly make immediate repairs to avoid liability for the accident. You want to get an attorney on the case as soon as possible so they can observe the state of the accident scene right away.
You cannot use their repairs as proof of liability since the law encourages repairs for future safety. Repairs also make it difficult to prove the state of the boundary or fence at the time of your accident, so victims should take photos right after the crash if possible. If you didn’t take photos, your lawyer can determine other ways to prove the owner’s negligence.
They also talk to witnesses and take statements from individuals involved in the accident. Your attorney can gather any accident reports that police prepared that describe what happened and why the animals were on the road.
Once they have gathered information from the accident site, they might begin to investigate the livestock involved. This includes obtaining records on the animals’ health, behavior, and movements leading up to the accident. They may also consult with veterinary professionals to gain insight into the animals’ behavior and any underlying health issues that may have contributed to the accident, such as that the animals did not have access to proper food and water, so they went searching for it.
Additionally, livestock lawyers may review relevant laws and regulations related to livestock handling and transportation to determine if any violations occurred. They may also analyze any contracts or agreements that were in place between ranches and livestock handlers.
Throughout the investigation, livestock lawyers actively communicate with all parties involved, including insurance companies, to ensure they consider all relevant information. They can provide legal advice to their clients and represent them in insurance negotiations or court proceedings based on the evidence collected.
Investigating a livestock accident requires active engagement and gathering of evidence, analysis, and communication with relevant parties to provide effective legal representation. You want to hire a livestock attorney immediately so they can investigate what happened and advise you of your rights.
Analyzing Evidence And Identifying Liability
Once your lawyer and their team gather evidence, they must analyze it thoroughly to determine its relevance and reliability. This may involve consulting with veterinary professionals or conducting further research to corroborate the evidence. They must also organize the evidence to present it clearly and logically to insurance companies to support your claims.
Identifying liability is a necessary component of any accident and injury claim. You cannot recover compensation if someone else did not act negligently to cause the accident. Your lawyer must determine the specific parties who should be responsible for the harm or damages you suffered.
You can establish liability by demonstrating someone else’s negligence. This means that the livestock owner or another party did not act with reasonable care to avoid an accident. A skilled livestock accident lawyer will work tirelessly to identify all responsible parties and hold them accountable.
Liable parties might include:
- The livestock owner
- The manager of the property or animals
- Maintenance crews who might have conducted shoddy repairs to fencing or barriers
- Other parties whose conduct contributed to the livestock being on the road
You must file claims against the proper parties to have a chance at obtaining compensation. Rely on your livestock attorney to identify liability for your injuries.
Analyzing Evidence And Identifying Liability
Once your lawyer and their team gather evidence, they must analyze it thoroughly to determine its relevance and reliability. This may involve consulting with veterinary professionals or conducting further research to corroborate the evidence. They must also organize the evidence to present it clearly and logically to insurance companies to support your claims.
Identifying liability is a necessary component of any accident and injury claim. You cannot recover compensation if someone else did not act negligently to cause the accident. Your lawyer must determine the specific parties who should be responsible for the harm or damages you suffered.
You can establish liability by demonstrating someone else’s negligence. This means that the livestock owner or another party did not act with reasonable care to avoid an accident. A skilled livestock accident lawyer will work tirelessly to identify all responsible parties and hold them accountable.
Liable parties might include:
- The livestock owner
- The manager of the property or animals
- Maintenance crews who might have conducted shoddy repairs to fencing or barriers
- Other parties whose conduct contributed to the livestock being on the road
You must file claims against the proper parties to have a chance at obtaining compensation. Rely on your livestock attorney to identify liability for your injuries.
Negotiating With Insurance Companies
If you’ve suffered injuries in a livestock accident, you will likely begin by filing insurance claims against the liable parties. Communicating and negotiating with insurance companies can be a complex and daunting process. However, a skilled livestock injury lawyer can handle this process to secure the compensation you deserve.
The first step in negotiating with insurance companies is to present a strong claim package. This requires careful analysis and organization of all available evidence, including medical records, witness statements, and any relevant laws and regulations. A skilled lawyer will use this evidence to build a strong file to present to the insurer.
Once your attorney files your claim and supporting information, negotiations with the insurance company can begin. Insurance companies regularly make lowball offers to start, which requires your attorney to engage in back-and-forth negotiations. They can request a higher amount than offered and present additional evidence to support your losses when necessary.
Throughout the negotiation process, a skilled lawyer should keep you fully informed and updated on the status of the negotiations. They will also be ready to answer any questions or concerns you may have.
When you receive each settlement offer, your lawyer should explain why the offer is fair or not. They should help you weigh your options and determine whether to accept an offer, keep negotiating, or take the matter to court.
Convincing insurance companies to make a favorable settlement offer requires a strong legal case and a skilled negotiator. Your attorney will handle this process completely, allowing you to focus on your physical recovery and moving forward after your accident.
Filing And Representing The Lawsuit In Court
Some livestock accidents require filing a personal injury lawsuit. You file your lawsuit against the liable parties, but their insurance companies will still be responsible for defending the case. Therefore, your attorney will face off with the insurer’s defense attorneys. Defense lawyers for livestock insurance companies have likely defended against many livestock accident claims before. This is why you need an attorney with experience bringing livestock accident cases on your side.
Filing and representing a lawsuit in court can be a daunting and overwhelming process. However, your lawyer should handle everything and navigate the legal system for you. They should know all the proper litigation procedures and court rules and follow them to a T.
The first step in filing a lawsuit is to prepare a strong complaint, also known as a petition.
The complaint sets out:
- The parties you are naming as defendants in the lawsuit
- Why this is the proper civil court to hear the case
- The facts of how the accident happened
- Legal arguments supporting liability for your injuries
- The legal relief you are demanding, which is monetary damages to cover your losses
Once your lawyer prepares the complaint, they will file it in court and serve the defendants. This initiates your lawsuit, and the litigation process commences according to the rules of civil procedure.
A major part of the litigation process is discovery. Your attorney will exchange evidence with the defense lawyers. Each side will assess the strengths and weaknesses of the other side’s case. They will then engage in settlement negotiations or possibly set the matter for trial.
Most civil injury cases settle before trial. The defense might see the strength of your evidence and know they might lose in court. To avoid the lengthy trial process, the insurance company might offer a favorable amount based on the evidence your lawyer presents. You can accept this settlement with advice from your livestock attorney, and your case is over without going to court.
Your lawyer will prepare for trial if you cannot reach a fair settlement agreement. They will present your evidence and legal arguments to the judge or jury, who will decide whether you deserve compensation and how much.
A livestock accident lawyer will guide you through the entire legal process, from filing the complaint to preparing for trial. They will also represent you in court, presenting the case and arguing on your behalf if necessary. Having the proper representation is critical if your case reaches the litigation stage.
DO I HAVE A LIVESTOCK ACCIDENT CLAIM?
After a livestock accident, you may be wondering whether you have a claim. After all, people can’t typically recover compensation if a deer jumps into the road and causes an accident, so why should livestock be any different?
The issue determining whether you have a viable livestock accident claim comes down to whether the livestock owner was negligent. Negligence occurs when a person fails to use the degree of care that a reasonable person should ordinarily use in the same or similar circumstances, and someone gets hurt as a result.
Actions that make livestock owners negligent include:
- Allowing livestock to roam freely on public roads: If a livestock owner allows their animals to roam freely on public roads, it can pose a serious hazard to drivers and pedestrians. Livestock that wanders onto roads can cause accidents, especially if drivers cannot stop in time to avoid them.
- Failing to properly maintain their livestock’s enclosures: Livestock enclosures in a state of disrepair can be a safety hazard. For example, if a gate is broken or a fence has damage, it can allow livestock to escape and cause an accident.
- Failing to warn others of the presence of livestock: Livestock owners have a duty to warn others of the presence of their animals, especially if they know that the animals are likely to cause harm or damage. For example, if a livestock owner knows that their animals are prone to escaping their enclosure, they should warn neighbors and passersby of the potential hazard.
- Failing to adequately control their livestock: Livestock owners must have adequate control over their animals at all times. If an animal gets loose and causes an accident, the owner can be liable for damages if they fail to take reasonable steps to prevent the accident.
After an accident, the best way to determine whether you have a livestock accident claim is to speak with a lawyer who handles these cases. Not many attorneys understand livestock accidents and liability, so work with a lawyer who has successfully handled similar claims.
TYPES OF COMPENSATION AVAILABLE FOR LIVESTOCK ACCIDENTS
Under the law, when someone’s negligence causes an accident, victims can usually obtain compensation for their losses.
In livestock accident cases, compensable losses often include:
- Medical expenses – Accidents with livestock often leave victims with extremely serious injuries that require emergency and ongoing medical treatment. These injuries can include severe lacerations, broken bones, contusions, and even brain injuries or spinal injuries. You can seek compensation for all of your past and future medical expenses from treating your injuries.
- Lost income – Serious injuries can prevent you from working and earning money. In fact, in some cases, they can even prevent you from ever working again. Whether you missed a few weeks of work or must stop working altogether, you can seek compensation for lost past and future earnings.
- Property damage – Certain types of livestock can weigh several thousands of pounds. If you collide with large livestock, it can cause extreme damage to your vehicle, and many vehicles are totaled. You can hold the livestock owner responsible for your vehicle repairs or replacement.
- Physical and emotional pain and suffering – These are intangible damages that are difficult to calculate. They include physical pain, mental trauma, loss of enjoyment of life, permanent impairment, and more.
To know what you deserve following a livestock accident, you need to consult with an experienced personal injury lawyer. Do not wait to learn about your legal rights and options.
Find Out How We Can Help
At Silva Injury Law we promote healing through compassionate advocacy. With each case tailored to the individual, we look our for your best interests by evaluating your unique circumstances. Contact us today for a FREE in person or remote consultation.