Sometimes a loose pet, farm animal, or wild animal causes a car accident. Colorado law requires people to keep pets and livestock under control. That means a negligent owner could be liable for a crash their animal caused. But in most cases, no one is liable for wild animal crashes.
Who Is Responsible If a Dog Caused a Car Accident?
Colorado law says county governments may set their own rules regarding controlling and licensing animals, including pets. Counties may require that owners keep dogs and other pets under control at all times and define what “control” means.
The specific rules and definitions of “control” vary across counties. However, the general rule is that people should either confine pets to their property or keep pets under their direct physical or verbal control when off their property.
Obviously, you can’t sue an animal if they cause a crash. But if a dog or other pet causes a collision because the owner failed to keep the pet under control, the owner could be liable.
Who Is Responsible If I Hit a Cow or Other Livestock?
In Colorado, livestock owners are responsible for preventing their animals from roaming onto public roads. If a cow or other livestock wanders onto the road due to inadequate fencing or other negligence by the owner, they could be held liable for any accidents that occur as a result.
However, it’s important to note that this isn’t always simple. Determining negligence and proving liability can be complex and often requires a detailed investigation. This could include assessing the condition of fences, gates, or enclosures. You may also need to determine whether the owner was aware or should have been aware that their animals were escaping. A knowledgeable car accident lawyer can help determine whether a person or business negligently failed to keep their livestock from causing a crash.
What If the Driver Was Speeding or Breaking Other Laws When They Hit the Animal?
As with any car accident claim, liability for crashes involving pets, livestock, or wild animals is based on the legal concept of negligence. Negligence means someone failed to take reasonable precautions to prevent an accident. Since speeding or breaking other traffic laws are examples of negligence, a driver might be partially liable for a crash involving an animal if they violated traffic regulations.
What Should I Do If I Hit a Wild Animal?
Figuring out what to do after you’ve hit an animal might seem daunting. But taking the proper steps can help protect your rights and potentially ease any financial burdens from the accident. After you’re safe and have received medical attention, here’s what you need to do:
- Contact your insurance company – It’s essential to report the accident to your auto insurance company immediately. Provide them with all the relevant details, including the date, time, location, and the type of animal involved. If you documented the accident scene with pictures or videos, share this information with your insurer.
- Understand your coverage – Ask your insurance company about the specifics of your coverage. Colorado law doesn’t require drivers to carry comprehensive and collision insurance, which usually covers damage from animal collisions. If you have only liability insurance, it might not cover this type of accident.
- Save all your receipts and document your expenses – Keep track of all your medical expenses, vehicle repair costs, and other accident-related expenses. These documents are essential when filing a claim or if legal action becomes necessary.
- Consult a personal injury lawyer – It’s always smart to consult a lawyer after a car accident, especially when severe property damage or injuries occur. A Colorado car accident attorney can advise you on potential compensation and help you through the complexities of animal-related car accidents.
Will My Insurance Cover Damage Caused by the Animal?
Whether your insurance will cover damage caused by an animal largely depends on the type of insurance coverage you have. If you have comprehensive and collision insurance coverage, your insurance may cover damage from hitting an animal. Comprehensive insurance typically covers damage caused by incidents deemed “out of your control.” This can include collisions with animals. Collision insurance generally covers damage to your car from a collision with another vehicle or object, potentially including animals. But it depends on the specifics of your policy and the circumstances of the collision.
If you only carry liability insurance, the situation is different. Liability coverage covers damage you cause to other people or their property, not damage to your vehicle. This means if you hit an animal and damage your car, liability coverage will likely not cover your repair costs.
However, it’s crucial to consult with your insurance provider to understand the specifics of your policy.
What Steps Should I Take to Avoid an Animal Car Accident?
The potential for collisions with animals in Colorado occurs every day. The following tips can help you avoid these catastrophic accidents:
- Stay alert.
- Follow speed limits.
- Use high beams when appropriate.
- Heed wildlife crossing signs.
- Look out for animal eyes reflecting in your headlights.
- Watch for groups of animals.
- Drive carefully at dawn and dusk.
- Always wear a seat belt.
- Avoid swerving when you see an animal.
- Be extra cautious in areas with active wildlife.
Contact a Colorado Car Accident Lawyer
The aftermath of a car accident involving an animal can be overwhelming. Whether you’re dealing with injuries, property damage, insurance claims, or questions of liability, it’s difficult to know where to turn. That’s where a skilled personal injury attorney comes in.
The Colorado car accident lawyers at The Wilhite Law Firm know how complicated crashes involving pets or wild animals can be. We’re here to guide you through this complex process. Our team can help you understand your rights, navigate insurance complications, and pursue any compensation you might be entitled to. Reach out online or call us for a free consultation.
