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oil truck plows through herd of cattle

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elwapo

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A good friend and neighbour was recently trailing a herd across a highway when a semi truck unit ran into the herd killing 4 cows and 7 calves. The rancher said that the trucker saw the cattle and blew the air horn 500 yards before hitting the herd. There was no braking until the first animal was hit! Does anyone know of precidence setting cases here in canada for liability in similar incidences. My friend was very lucky to live through this as a flying cow missed him by about a foot.
 
I know on occasion our cattle have busted through our fences, and our friendlier neighbors called the RCMP to complain. I was told by an RCMP officer that if my cattle cause an accident I am hold liable - so its my belief that if someone else causes and accident to ones personal property - be it vehicles, trailers, livestock - they are also to be held accountable. Sue him!
 
Here in WI, if your cattle get out and someone hits them, the driver is held liable.
 
Radar said:
Here in WI, if your cattle get out and someone hits them, the driver is held liable.
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Ditto, here in montana!! Here we still have "open range"....had a friend of mine going home a few months ago and she took a corner outside of sheridan and hit a "prized" angus bull....totalled her dodge and killed the bull and she was shipped to the hospital....imagine her surprise when she got out of the hospital and was hit with the bill for the dead bull!!! Folks around here know to SLOW down when approaching a cattle drive and BE PATIENT!! sorta funny to watch the big-city-outta-state tourists, though when your cows does "her business" on their fancy sports car because the driver thought that tooting the horn would make the cow move!!! elwapo....my sympathy to your friend for his losses and a huge sigh of relief for your escaping with your head intact!! :shock:
 
Here in Australia,you are not really liable for the damage to a person's vehicle only if they can prove that a persons cattle are often out of their paddocks on the main road. Most persons don't bother and just cop the damage or their insurance companies accept it. Most of our major highways are fenced. Way out west its a different matter. Out there you are more likely to hit a Kangaroo a Camel or an Emu.

Colin
 
what's the law in NE? we're an open range state i think--aren't we? this has crossed my mind here lately because we had people move in to the north of us that like to come tearing over the hill at a high rate of speed, and now we have cattle here.

seems like there's always one calf who knows how to sneak out of the fence and get in the road. these neighbors are gonna get one eventually if they don't slow it down a little, and i'd like to know ahead of time who's liable... :?
 
I raised 4 kids along a busy road-it was amazing how the plow jocks won't slow down for kids but angus cows made them remember the brakes lol.
 
here is a good one.
When the semi truck finally came to a stop it was ON TOP of a two year old bull. The trucker had to back his rig off the bull.Two days later he went to check the cows and that tough S.O.B was hammering away on a cow. I am amazed!
 
chuckie said:
what's the law in NE? we're an open range state i think--aren't we? this has crossed my mind here lately because we had people move in to the north of us that like to come tearing over the hill at a high rate of speed, and now we have cattle here.

seems like there's always one calf who knows how to sneak out of the fence and get in the road. these neighbors are gonna get one eventually if they don't slow it down a little, and i'd like to know ahead of time who's liable... :?
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Suggestion: After you determine liability :wink: :roll: gently :D explain the "Facts of Life" to your neighbors. Perhaps they honestly have never thought what the Rib Eye, Loin, Rump, and Collection of Round Steaks can accomplish slamming into the hood and windshield of a vehicle. Also, the front legs and skull of a Bovine can make a memorable impact on the driver and passengers of a car or truck, and you CERTAINLY would not want the blood and gore of a struck animal to make an unforgettable :shock: :shock: impression on such nice neighbors! :roll: And, aside from that, you would DEPLORE having to go to the time, trouble and expense of suffering through a LAW SUIT! :mad: Hello!! As a professor of mine used to say "Lather Love Lavishly!" One catches more flies with Honey than Vinegar. (Cow brains don't smell very appetizing mixed with human blood and bone marrow, urine and fecal matter!) Glad you folks could stop by, - - - and have a safe trip. :D - - - -"Food" for thought - - Seat belts or no seat belts. :shock:
 
elwapo said:
looks like the trucker will be charged with careless driving by the RCMP.
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"Careless Driving??" :eek: :???: Can you say "Stupid Driver?" 500 yards is plenty of time to 'begin to start to commence to get ready to STOP' :stop:Did the truck driver expect the cows to 'look around' and say "Oh,- - - look out, Girls - - That air horn means "H-e-e-e-e-e-r-r-r-s J-o-o-o-o-hn-y-y-y-y!!?" I would expect to hear "Renfre-w-w-w of The Mounted".
 
Nebraska used to be "open range" and the driver was held responsible no matter what. That all changed when a driver, who hit a cow, showed that the rancher had a history of having his cows being hit on the hiway (I think there may have even been one or two deaths). The driver (her lawyer) also showed that there were open gates all the way from the hiway to the herd. Also, the rancher had terrible fences and there was a clear history of troopers chasing his cows off the hiway.
Since, there's been several (a couple?) more successful lawsuits against ranchers where it can be proven that the rancher has been negligent in the upkeep of fences or has a history of his cows being on the hiway.
 
The one and only time that I was called up for jury duty was about this. Colorado is open range, but the judge told us that we would not be able to base the verdict on the open range law, that it didn't apply to this case. I didn't get to hear why or how it turned out. Once the plantiff's lawyer found out I had cows, I was dismissed. Thought that was BS, shouldn't the defendant have someone on the jury that understands his pain?
 
well, i do feel better. first, i'll fore-warn my neighbors that they do need to watch, and second, my fences are tightened every year before cattle get here, so they are maintained. third, i have a sister who was smart and became an attorney!!

you guys are handy and full of info. i love this forum. thanks, as always, for the input.
 
chuckie said:
well, i do feel better. first, i'll fore-warn my neighbors that they do need to watch, and second, my fences are tightened every year before cattle get here, so they are maintained. third, i have a sister who was smart and became an attorney!!

you guys are handy and full of info. i love this forum. thanks, as always, for the input.
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Here I thought you were gonna get all emotional and say you love these guys and then you went an passed it all off on the forum! :wink:

Would that be something like -

"I love this bar . . ."
 

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