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Involved in a car accident with a cow or horse?

Posted by Guy DiMartino | Apr 28, 2016 | 0 Comments

A client is driving on 35 in LaPorte County in the dark. The next thing she realizes is she is on top of cow. She has no where to go and crashes into the cow. Her vehicle is destroyed and she is injured.

A couple of days after she leaves the hospital, she speaks to the insurance company for the owner of the farm, and the insurance company denies her claim. The accident victim comes into the office and wants to know if there is anyway she can receive compensation for his vehicle and injuries from the owner of the cow.

Indiana Law

The fact that the cow was on the road and cow shouldn't have been on the road is not enough to make the owner responsible. The owner of the animal has the legal duty to restrain and confine their animal(s).

In order for the woman to receive compensation for her vehicle and injuries she is going to have to show that the owner put the animal in confinement that he or she knew or should have known would be ineffective and that it was foreseeable that the animal(s) would escape.

Car-accident-with-cow

I explained in normal language that we will have to show that the owner was somehow negligent and that is why the cow escaped. For instance:

  • Was the fence in disrepair?
  • Was the fence left open?
  • Was the fence an improper height?

If we are not able to show negligence. Then the law does not allow recovery even though the woman not a fault for crash. Sometimes the law can be unfair.

Action Steps

If you are injured or wrecked your vehicle because of a crash with a cow, horse or other livestock, you must investigate the area immediately so you can establish that the owner did something wrong or wasn't paying attention and that is why the animal(s) escaped.

If you have any questions about a LaPorte county accident with an animal, call (219) 874-4878.

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+

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