PRACTICE AREAS

Livestock Accident

Injuries, Death & Property Damage From Auto & Motorcycle Accidents with Livestock On Texas Farm-to-Market Roads & Texas Highways

The 1876 Texas Constitution permits the Texas Legislature to pass laws for the regulation of livestock.  Using its authority, the Texas Legislature provided that Texas counties could pass a local stock law if the residents of the county approved the law in an election.

The vast majority of the 254 Texas counties have enacted a local stock law.  However, sometimes locating the local stock law is very difficult.  If you were operating a motorcycle or automobile on a Texas Farm to Market road (FM road or Farmers Market road) and you collided with a cow, horse, bull, or other regulated animal, then contact our law firm and allow us to verify the existence of a local stock law.  Once we have verified a local stock law, we will then explain to you in more detail your legal rights.

Did You Have An Accident With A Cow, Horse, Bull, or Other Regulated Animal on A Texas Farm-To-Market Road?

A local stock law restricts owners from allowing their regulated animals to roam at large.  Most owners restrict their regulated animals by erecting wood and/or wire fencing.  Some owners also electrify the wire fence.  However, wood and wire fencing require constant maintenance and repair, which some owners negligently fail to undertake.  Negligent failure to maintain, and other forms of negligence, ultimately permit the regulated animals to escape causing serious injury or death to vehicle operators.

Unfortunately, many of the accidents occur in the dark of night when the animals are difficult to see.  Because the motorcycle operator or car driver may not see the animal until it’s too late, a severe collision is usually the outcome.  Because the wreck is usually major, this often means the death of the animal and serious injuries or death to the driver. 

If you had an auto or motorcycle accident with livestock on a Texas FM road, and the Texas county in which the collision occurred has enacted a local stock law, then you may be entitled to money for your medical expenses, pain and suffering, property damage, and lost wages.  If a family member was killed as a result of impacting livestock, then you may be entitled to seek damages in a wrongful death action.

Did You Hit A Regulated Animal on A Texas Highway?

Hitting a regulated animal on a Texas “highway” carries a different legal hurdle.  The Texas Agriculture Code, Sec. 143.102, provides that “A person who owns or has responsibility for the control of a horse, mule, donkey, cow, bull, steer, hog, sheep, or goat may not knowingly permit the animal to traverse or roam at large, unattended, on the right-of-way of a highway.”  A “highway” means a U.S. highway or a state highway, but does not include a numbered Farm-to-Market road.

The key to establishing an owners responsibility when a regulated animal is struck on a Texas “highway” comes down this one question: “Did the owner knowingly permit the animal to traverse or roam at large, unattended, on the right of way?”  Because proving that an owner knowingly allowed his animal to roam at large can be difficult, you should consult a Texas personal injury lawyer who has experience litigating livestock collision claims in the State of Texas.

Contact Us Today For Your Free Consultation

If you suffered a serious injury or a family member died from striking a cow, horse, bull, or other regulated animal, then you should consult with a Texas personal injury attorney who has the experience and answers you need to move forward with your legal claims.  Contact Joel A. Gordon & Associates today for your free consultation.

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If you and/or a family member have suffered serious or fatal injuries due to an accident, you and/or the family member may be eligible to file a claim. However, persons seeking to preserve any potential legal claims should contact an attorney promptly because Texas has mandatory time periods ("Statute of Limitations") in which a lawsuit must be filed.