What Happens if Another Driver Injures You Because of an Animal?
Animals on the road present a unique set of challenges for drivers. Encountering an animal while driving can result in damage to a vehicle. If a driver hits an animal, it could lead to damage to the vehicle and cause injuries to the driver and the other vehicle occupants. The situation can become even more dangerous when a motorist swerves to avoid hitting an animal, goes off the road or hits an oncoming vehicle. What happens when a driver swerves to avoid hitting an animal and ends up hitting an oncoming vehicle? Who is liable for the resulting injuries and damages in such a case? Determining liability in collisions involving animals can be complex. If you have suffered injuries in an accident involving an animal, you should contact an attorney to discuss your case.
Liability in Car Accident Cases Involving Animals
The legal principle of negligence is applied in car accident cases. Suppose the other driver was speeding or distracted and could not stop on time to allow the animal to pass. In such a case, the other driver would be held responsible for the resulting injuries and damages. Speeding and distracted driving are both considered negligent behaviors. These actions deviate from the standard of care expected from drivers.
Even in a case where a driver was not speeding, distracted driving, or engaging in another negligent behavior, it is possible for them to be held liable in a car accident case involving an animal. If you were hit by a driver who was avoiding hitting a wild animal, they may be held liable for your injuries and damages. While it is terrible to hit a wild animal, the law considers it unreasonable for a driver to put the lives of other human beings at risk to avoid hitting a wild animal. The animal’s unpredictability might be considered in an accident involving a wild animal. When a wild animal comes out of nowhere, the natural and instinctive thing to do is usually to swerve. However, drivers are generally required to act reasonably and consider the safety of others even if they have a split second to make a decision.
If the case involves a domestic animal, the animal’s owner may be held liable for the accident. If the other driver was negligent in any way, they may share the blame with the animal owner. In such a case, the concept of comparative negligence would come into play. Animal owners are responsible for keeping their animals away from roadways where they can pose a risk. Farmers, for example, should have adequate barriers to keep livestock out of the road. If livestock gets out, enters the road, and causes an accident, the owner may be liable for resulting injuries and damages.
Car accident cases involving animals are among the most complex ones. These cases can be confusing. However, personal injury attorneys understand and know how to handle these cases. If you have been injured by another driver and an animal was involved in the crash, consult a qualified personal injury attorney.
Contact Us for Legal Help
Contact our Miami personal injury attorneys at The Pendas Law Firm for legal guidance if you were hit by another driver and an animal was involved in the accident.
The Pendas Law Firm also represents clients in the Orlando, Ocala, Fort Lauderdale, Fort Myers, Bradenton, Daytona Beach, West Palm Beach, Naples, Melbourne, Tampa, and Jacksonville areas.
