Legal Question in Traffic Law in Michigan

hitting a black cow at 2:00 am

My question is this, is a farmer held liable if I am driving on a road, and a black cow in the middle of the night wonders out into the road and I hit it by accident, and inadvertently total my car, who is lable for the damages done to my vehicle when obviously it was done due to the fact of the farmers negligence.


Asked on 4/27/07, 7:15 am

1 Answer from Attorneys

Regina Mullen Legal Data Services, PLC

Re: hitting a black cow at 2:00 am

Eh...cows are pretty big, no? Even at 2 AM.

He will try to collect insurance on the cow, more than likely,--they're not cheap.

All that means is that it's *not* obviously the farmer's fault. You could have been negligent as well...as the farmer will undoubtedly try to argue.

People aren't the most careful drivers at 2 AM, besides MI has no-fault insurance.

You need to consult local counsel, and I mean local. Most city attorneys will never encounter this problem and will have to spend more time researching it.

A country/UP attorney will probably know the answer to 1) whether the farmer was obligated to keep his cow penned up in that area and 2) whether "wandering property" has the same status as deer in terms of road accidents.

Call around,--even if you're in the South of MI, try calling some attorneys up North and see what their experience tells them.

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Answered on 4/27/07, 1:05 pm


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