• If you are having problems logging in please use the Contact Us in the lower right hand corner of the forum page for assistance.

cow/motorist collision

Brad S

Well-known member
BINGHAM, Nebraska (AP) - A motorcyclist died last night after running into a cow three miles west of Bingham in Sheridan County.

The Nebraska State Patrol says 34-year-old David M- Cummins of Hartington was killed on state Highway Two around 10:15 P-M.

A patrol dispatcher says a motorcyclist traveling with Cummins, 49-year-old Richard Pederson of Hartington, also hit the cow but suffered only minor injuries.

Bingham is in Nebraska's Panhandle, 292 miles west-northwest of Lincoln.



In Kansas, there should not be any cow liability because Kansas is an openrange state, at least by statute. Now if ranchey rick always grazed the road, he'd be assuming liability. Openrange status is being eroded everyday in Kansas, and everyone has insurance for this now. Last winter the local sheriff arrested a townie/sprawler (20 cows) because they were out several times, but the judge dismissed citing openrange law.


Anyone know how this plays out in Nebraska or your particular state? I bet we all insure for it no matter what.
 

EastTexasGal

Well-known member
I know here where I am at, there is no open range left and the law is enforced as in, fence upkeep...if you show that the fences are in good shape and that ever measure is taken to keep them that way, then they take it as a act of nature. But, if the cattle or livestock is reported out continously, then they will find the livestock owners at fault. Half of the folks that cattle get out, as most here do not brand any longer, so no proof of identification of who the animal belongs to...the real owners just will not claim the animal that has been involved in an accident. We still brand and always will. Now as the legal terminology I have no clue, this is how our County Sheriff has always handled this problem.

Easty
 

Tap

Well-known member
Our laws are simular to yours Brad S. If you had cattle out on the road all the time, and poor fence upkeep, you might be liable. We had a bull get hit by several people one night years ago and we had no libability. Someone hit it, and then they left it laying in the middle of the hiway and moved on. And two more hit it after that. :???:

I drove by a deceased motorcyclisist last Sept. on our way to report his accident. He had hit a deer just after sundown. It was not a nice sight. I would suggest not riding motorcycles after dark, and not at all if possible.
 

Ranchy

Well-known member
I'm not sure about the rest of the state of NM, but here where we are, the state is responsible for upkeep of the fences they built along the highways. Of course, that doesn't mean they actually maintain them. You really have to watch, cause there are most likely going to be cattle on the highway between here and the state line.

So, the state is actually the ones who are liable, but if someone was killed in a vehicle-bovine accident, chances are, in the suer society we live in these days, the rancher would probably get sued, as well.
 

IL Rancher

Well-known member
We are liable in this state... Even if the law doesn't say so we are still liable. I have heard of one, from my insurance guy, of a place that had cows break throuh guardrail that the farmer had put up (It was less than a year old) and race on to a road in front of a motorcylist in the middle of the night. Bovine/human collision resulted and the motorcyclist is a quad or parapalegic now... Farmer no longer owns any land. Today's society has gotten to the point where it is sue first. ask questions latter and the juries seem to be more than happy to award damages thinking that the insurance companies, land owners/business owners have plenty of money to cover the outrageous sums they kick out... Kind of like the tresspaser who cut a barbwired fence, trip on said barbed wire fence and shot his head off with the shotgun that he was hunting with illegallly... Family sued, farm family lost.
 

Faster horses

Well-known member
Montana is an Open-range state.

They changed the law last election, but managed to change it back
to Open-Range. Thanks to some lawmakers who are ranchers!!!
I tell ya, if we were represented by all city folk, it would be a real
mess for those who make their money off the land.

Be glad people like Liberty Belle are willing to run for public service,
which in many cases is public abuse.
 

jigs

Well-known member
Brad, I have no idea what the laws axctually states, but I have heard from many guys that if the neighbors cattle are getting onto your land, it is your responsibility to fence them OUT!!
 

Ranchy

Well-known member
jigs, we fought with the people in Mogollon for years over that very thing.......they'd throw up some dinky little "fence" that wouldn't have kept an elephant out, and then wanted us to reimburse them for damages caused by our cattle.........this went on from the time I can remember, till dad finally was put out of business by the forest circus in 1999.
 

Brad S

Well-known member
jigs, fence cows out is a classic example of open range state, but if a landowner wants to cheaply fence cows out, all they need do is buy a goat or sheep or cow and both sides split the fence. Nearly everyone fences in their cattle so openrange really only addresses liability issues.



In Kansas the railroad must own/build/maintain the fence along the railroad equal to the standard established by the fence on the other sides of the pasture. Years ago I was having a ps$$ing match with Central Kansas Rail Road when they weren't maintaining their fence. I had cattle out on K96 highway, and they wouldn't budge. My brother told me to move the cattle (mitigate damage) and he sent them a bill along with a copy of the petition he would file to collect the bill. The Rail Road built fence.
 
Top