Collisions with Animals
A million things run through a driver’s mind while he or she is driving their vehicle. Colliding into an animal with the vehicle is probably not one of those thoughts. However, this should be on a person’s mind due to the large amount of collisions between vehicles and animals in recent years. The Insurance Institute for Highway Safety estimates more than 1.5 million deer collisions take place each year in the United States, costing approximately 1.1 billion dollars in vehicle damage. It is also estimated that deer collisions cause about 200 fatalities each year. The average property damage cost of deer collisions between July 1, 2012, and June 30, 2013, was $3,414, up 3.3 percent from the year before.
A car collision with an animal is costly and may even be fatal. It is not thought about often but even in today’s age, drivers may also collide into a cow or other person’s livestock. Louisiana law provides presumptions of who may be at fault when such a collision may occur. Where a cow causes damage in a collision with an automobile, Louisiana courts will presume negligence of the owner of the livestock, and to escape liability, the owner must rebut that presumption by proving that he has taken every precaution expected of a reasonably prudent individual to prevent livestock from leaving their confines and roaming at large. The owner must not only show he has taken all reasonable precautions to enclose his livestock but also must explain the presence of the livestock on the highway by showing how the animal escaped if he is to overcome the presumption of negligence and to prove freedom from fault in the slightest degree. General evidence as to reasonable precautions is not sufficient.
Louisiana law presumes the owner of the livestock is at fault, and it is a pretty strong presumption to overcome. A collision between livestock and a vehicle on an interstate or open road can result in terrifying injuries and even fatalities. If a cow, horse, or other livestock get loose and cause damage to the car, driver, or passenger it is important to hold the owner or anyone else who acted carelessly responsible. The owner of the livestock will probably hire an attorney and try to use the Farm Animal Immunity Statutes to their advantage and try to escape liability. Mr. Cardone and the legal professionals at The Cardone Law Firm know how to assess your case and the ways to find loopholes in the statute to hold the careless party liable. If you have been injured in such a collision it is important to have a skilled trial attorney on your side to use the presumptions of Louisiana law to receive the compensation you are entitled to.
The Cardone Law Firm provides legal assistance to all of Louisiana including Ascension Parish, Donaldsonville, Assumption Parish, Napoleonville, Baton Rouge, Jefferson Parish, Estelle, Gretna, Harvey, Kenner, Marrero, Metairie, New Orleans, Terrytown, Westwego, Lafayette Parish, Lafourche Parish, Thibodaux, Livingston Parish, Orleans Parish, Plaquemines Parish, Belle Chasse, and St. Charles Parish.
Because an auto accident can create multiple issues and significant losses, an injured party should hire an experienced New Orleans lawyer who not only handles car accidents for injured parties, but also has the resources necessary to provide for an injured person’s medical needs as well as the hiring of experts from a variety of fields in order to increase the value of the case. Cliff Cardone has practiced law nearly 40 years and has primarily handled personal injury matters. If you have been injured in a car collision, Phone Cardone at 504-522-3333 for a free in person consultation. He is direct, insightful, proactive, and passionate about his client’s cases.