We know what to do, how to deal, and whom to sue when faced with an accident. But, if the accident involves street or wild animals, then, it stands on a question as whom to state responsible for the mishap, as we can’t send an innocent beast to jail or ask the creature to compensate us.
Typically, animals can’t be seen as roaming around randomly on a busy public road. But, sometimes, a dog, or a cat, elephants, deers, etc. comes in front of big trucks, especially on highways with animals inhabiting in the proximity. Again, it’s not possible for a truck driver to keep eye on a running deer or a tiny cat on the road. Added, to stop a truck, it’s necessary to brake keeping enough time in hands to let the huge vehicle come to a halt which often becomes impossible as the animals come in the way unforeseen.
What will you do if you hit a wild animal?
You have to contact your own insurance agency. If an animal belonging to a farm leads to an accident, you have certain legal rights that you can make use.
Your rights if a farm owner is careless:
If you collide with a farm animal on the highway, you can file a personal injury claim against the owner of the farm. You can win compensation for your medical and other injury-related expenses arrived due to the crash.
Who can help you to get justice?
A personal injury lawyer is the best professional person to help you get the deserved justice.
The responsibility of a livestock owner?
If you notice farm animals roaming freely on a public commercial road, it indicates that someone at a neighboring farm is negligent and left the herd of animals on their own to move aimlessly on road. Hence, the owner can be held liable for any accident happens involving the animals and your truck. As per the law, the livestock owners should keep their livestock restrained in a safe manner.
Often, in rural roadways, the motorists can’t see those beings, especially in the dark when there isn’t enough light to see the surroundings. Changing direction for avoiding an animal can trigger fatality as you can hit a tree, another vehicle or even fall on the side. In case of highway speeds, a sudden and sharp stop can occur whiplash, mainly if the driver who is behind you fail to stop at the exact time.
Can you receive compensation for any injury caused by innocent animals?
You have to determine the animal’s owner first. The compensation is generally paid from the homeowner or the renter’s insurance.
However, if the owner of that animal proves that it wasn’t his/her fault, you may not get any compensation. In a few states, ‘strict liability’ appertains to the farm animal owners which make them responsible for any injury kindled by their ‘farm animals’.
Exception: – In Florida, it has been determined by the state’ Supreme Court that strict liability won’t be applied in cases that embrace farm animals. Hence, in such circumstances, your attorney should prove that the animal owner was absolutely negligent during the accident and it will help in the matter of personal injury claim against that particular owner.
Steps you must take immediately after the accident:
Seek medical attention mandatorily. Even, if you can’t see any external injury, go to the doctor for diagnosing any latent injury that can show up later.
After getting the medical care, you must go to a qualified personal injury attorney. The sooner you put an experienced lawyer on your case, the more likely you will get success.
You should drive very carefully, mainly in rural areas with farmlands in the surroundings.
If it is proved that you are the one whose carelessness triggered the accident, you won’t get anything from other parties after the accident.
May law firms don’t charge any fee for the first legal consultation. So, you can learn more about your rights and your legal stand.
About appearing in the court:
Many law firms hesitate to take any attorney fee till the truck accident lawyer wins back the compensation on your behalf. Many cases are concluded privately outside the court. Many sufferers of negligence don’t have to appear in the courtroom. In severe cases, settlement out of the court may not be possible, and the truck accident lawyer will recommend taking the litigation to court.
Your future can depend on the success of the case in case you are seriously injured. Hence, you must seek a lawyer who has considerable trial experience.