Legal Question in Personal Injury in California

Re: Animal Colissions''

The closest I could find is Vehicle Code section 21759, entitled: "Caution in passing animals"

The driver of any vehicle approaching any horse drawn vehicle, any ridden animal, or any livestock shall exercise proper control of his vehicle and shall reduce speed or stop as may appear necessary or as may be signalled or otherwise requested by any person driving, riding or in charge of the animal or livestock in order to avoid frightening and to safeguard the animal or livestock and to insure the safety of any person driving or riding the animal or in charge of the livestock.

Note: A railroad has a duty to fence off areas where animals roam. In addition, the owner of cattle has a duty to not let them run freely on the road. Talk with a personal injury/accident attorney in your area. Don't let the insurance company play games, and don't let much time pass. -Robert

Re: Animal Colissions''

Section 16904 of the California Food and Agricultural Code explicitly states there is no presumption of negligence of either the owner of the animal or of the driver when a motor vehicle collides with a farm animal.

As recently as 1994, Shively v. Dye Creek Cattle Co. (1994) 35 Cal.Rptr.2d 238 held that there is a triable issue of fact when a motor vehicle collides with a bull in open range country, since the owner of the bull is liable for his negligence if any in controlling his livestock by taking reasonable precautions to avoid danger to motorists. In your case, the cows were not hit in "open range" country, and your case would appear stronger.

I think the insurance company is trying to "cow" you. No bull! Also, no surprise. If you have personal injury hire an attorney. If its only damage to your truck, consider small claims. If you have only damage to your truck and have collision coverage, let your carrier handle it and pursue the farmer's carrier.

Good luck.