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If you were recently hurt in a car accident because of livestock that were somewhere you weren’t expecting them to be, you are probably wondering who is responsible for compensating you. Under Texas law, livestock owners are typically liable for auto accidents caused by their animals roaming freely on public roads – especially in areas where local regulations prohibit it.
What Are the Livestock Laws in Texas?
Texas livestock laws are a complex web of state and local regulations that determine livestock owners’ responsibilities. While state law sets the overarching rules that smaller jurisdictions operate under, it also gives those jurisdictions considerable leeway in setting their own stricter regulations. Consequently, local stock laws can vary significantly from one county to another and even within different parts of the same county. This patchwork of rules can make it challenging for drivers to know whether they’re in an area where livestock may be roaming freely.
What Animals Do the Texas Livestock Laws Protect?
Texas livestock laws cover many domesticated animals commonly raised for agricultural purposes. These include cattle, horses, mules, donkeys, sheep, goats, and pigs. The specific animals protected under these laws may vary slightly depending on the county and the particular ordinance.
However, livestock laws only apply to these domesticated animals. While livestock owners can be held responsible for accidents caused by their animals, the same cannot be said for wild animals. Collisions with wild animals, such as deer or feral hogs, are generally considered an “act of God,” meaning no one can be held liable for the resulting damages or injuries.
If you were in an accident caused by an animal, it’s essential to determine whether the animal is classified as livestock or wildlife under Texas law. This distinction determines your ability to seek compensation for your losses. Contact our Dallas livestock accident lawyer today.
What Is an “Open-Range” vs. “Closed-Range” State?
The terms “open-range” and “closed-range” refer to a particular area’s legal status for livestock confinement. Texas is an “open-range” state, meaning that livestock owners do not have to fence in their animals – at least not at the state level. However, many counties have enacted their own “closed-range” ordinances that mandate livestock confinement.
Which Texas Counties Operate Under the Open-Range Principle?
Many rural counties in Texas still follow the open-range principle, meaning that livestock owners are not required to fence their animals. Some of the largest open-range counties in Texas include:
- Hudspeth
- Presidio
- Culberson
- Webb
- Val Verde
- Reeves
- Edwards
- Duval
- Uvalde
In these counties, drivers should be particularly cautious and aware of the possibility of encountering livestock on the road.
Which Texas Counties Operate Under the Closed-Range Principle?
Many urban Texas counties have adopted closed-range regulations that require livestock owners to confine their animals. Examples of closed-range counties in Texas include:
- Brewster
- Crockett
- Terrell
- Harris
- Tom Green
- Dallam
- Gaines
- Bexar
In these counties, livestock owners break the law if they allow their animals to roam at large.
What If the Animals Stray onto a State or Federal Highway and Cause an Auto Accident?
Even in open-range counties, livestock owners are prohibited from knowingly allowing their animals to roam freely on state and federal highways. These highways are always considered closed-range, regardless of the county’s overall status. The owner may be responsible for any resulting injuries and losses if an accident occurs due to livestock on these roads.
In such cases, the injured party must demonstrate that the livestock owner was negligent in allowing their animals to stray onto the highway. This may involve providing evidence that the owner knew or should have known about the risk of their animals escaping and failed to take appropriate measures to prevent it.
<h2″>How Do You Prove the Livestock Owner Was Negligent?
To hold a livestock owner liable for an accident caused by their animals, you must show that they violated the law to keep their animals confined due to local closed-range ordinances or that the accident occurred on a state or federal highway. You must also show that your injuries are a direct result of the livestock owner’s negligence. Proving these elements might require considerable evidence, such as:
- The livestock owner’s fencing and containment practices
- Records of prior escaped livestock
- Photos of the accident scene
- Witness testimony
- Police reports
- Property repair or replacement estimates
- Medical records
- Pay stubs showing lost wages
An experienced attorney can build a strong case and handle the complexities of Texas livestock laws on your behalf.
What Is the Texas Statute of Limitations for Filing an Accident Claim?
Under Texas’s statute of limitations, you have two years from the day of the accident to file a personal injury lawsuit against the responsible party. There are some exceptions to this rule depending on certain circumstances.
It’s crucial to act quickly if you’ve been in a livestock-related accident. Waiting too long to file a claim can cost you your right to seek compensation for what you’ve suffered.
Contact a Texas Livestock Accident Lawyer
If you suffered injuries in an auto accident caused by loose livestock in Texas, it’s essential to seek the guidance of an experienced livestock accident lawyer. The attorneys at The Wilhite Law Firm have a deep understanding of Texas livestock laws and can handle the complex process of seeking compensation on your behalf.
Our team will thoroughly investigate your case, gather evidence to support your claim, and work tirelessly to hold the responsible parties accountable. We understand the physical, emotional, and financial toll that a livestock accident can take on you and your family. We’re here to help you demand money for your medical bills, lost income, pain and suffering, and more.
Contact The Wilhite Law Firm to schedule a free consultation and learn more about your legal options. We’re committed to fighting for your rights and helping you pursue the compensation you deserve.
