Legal Question in Personal Injury in Florida
auto accident involving black angus bull
Do I have a case?
I WAS INVOLVED IN A AUTO ACCIDENT TOTALING OUT MY VEHICLE DRIVING HOME FROM WORK 12/15/06 AROUND 7PM.IT WAS DARK ON A PRIVATE ROADWAY AND A BLACK ANGUS BULL CAME OUT INTO THE ROAD.BY THE TIME I SAW HIM A SWERVED TO THE LEFT TO MISS HIM AND HAD NO LUCK.I HITBTHE BULL ON THE RIGHT SIDE OF BUMPER AND THE BULL FLIPPED ON TO THE WINSHEILD AND TOP OF CAR WHICH THEN CRUSHED THE WINDSHEILD AND TOP OF CAR.IF I WOULD HAVE BEEN SITTING ABOUT 4-6INCHES MORE TOWARD THE CENTER OF MY CAR OR HIT IT HEAD ON I WOULD BE DEAD.THIS HAPPENED ABOUT 1/2 MILE FROM MY HOME SO I CALLED HOME TO COME AND HELP BECAUSE I WAS BLEEDING FROM MY HEAD( WHICH JUST TURNED OUT TO BE GLASS IN MY FOREHEAD)WE CALLED 911, THEY CAME AND THE AMBULANCE TOOK ME TO HOSP.MY MOTHER STAYED WITH THE OFFICERS AND THEY PROCEEDED.ANIMAL CONTROL WAS CALLED OUT THE BULL HAD NOT DIED BUT WAS INJURED.THERE WAS WITNESSES STATING THE BULL WAS OUT THERE WHEN THEY CAME THROUGH 30 MIN PRIOR.THERE HAS BEEN SOME ISSUES AND COMPLAINTS PRIOR TO THIS NIGHT ABOUT CATTLE BEING IN THE ROAD AND THE POLICE HAS BEEN CALLED OUT.THE NAME WAS GIVEN TO THE OFFICERS OF WHO THE BULL BELONGS TO.THE OWNER WILL NOT STATE THAT IT IS HIS.ANIMAL CONT BELIEVESIT TO BE HIS.IDONT KNOWIF IHAVE A CASE
4 Answers from Attorneys
Re: auto accident involving black angus bull
You could have a case. However, there appears to be investigative issues. Ownership of the Bull, obtainmen of reports, etc. YOu should contact your insurance company as well.
Re: auto accident involving black angus bull
The police should be able to determine the owner of the bull. The owner is likely responsible for your injuries. He may or may not have insurance that covers your injuries. Your medical bills will be paid in part by the PIP coverage on your own auto insurance. We'd be happy to discuss your situation with you.
Re: auto accident involving black angus bull
Unlike dogs, there is no strict liability for owners of livestock. In addition to proving who owned it, you will need to show negligence on the part of the owner for allowing the bull to "run at large". What may be create another challenge for you in this case is that the statute speaks specifically to accidents involving "public" roadways. If your situation occured on a "private" drive, there is an argument that the statute doesn't apply. Still a case worth looking into. As mentioned, your PIP should cover 80% of your meds since you were in your vehicle.
Re: auto accident involving black angus bull
Probably. Depends on whether you can prove who owns the bull (does it have a tag or brand? who is paying for the vet bills) and whether you can show that the Bull was out because of some negligence (loose fense, had gotten out before, etcetera). In some cases, the owner may be strictly liable for the damage, but you will probably need to show some negligence that resulted in the Bull getting loose and roaming free in the highway.
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