More than 100,000 car crashes occur in Kentucky every year, with nearly 20,000 reported injuries and 711 fatalities in 2022 according to the Kentucky Transportation Center.
The vast majority of accidents involved colliding with another vehicle, and the most common causes were driver inattention, recklessness, and alcohol. However, nearly 3,000 car accidents involved colliding with animals, excluding deer, who exist in their own category.
Collisions with these animals, mostly livestock, luckily didn’t result in any fatalities, but still led to approximately 100 injuries in 2022.
Determining liability after a car crash can be a complicated process depending on the factors at play. An experienced Lexington car accident attorney can help you dig through the relevant factors at play and build a case that puts you in the best position to fight for and secure the maximum compensation possible, and that includes determining who can be held liable if your crash was caused by livestock. These animals are often in excess of 1,000 pounds and can cause catastrophic damage to your vehicle and seriously threaten your health and safety when involved in a collision.
There are multiple laws in Kentucky that can help establish liability when livestock is involved in a car accident:
- KRS § 256.080: The owner of any livestock that enters through any legal fence can be held liable for any damages caused by the animal/s, with increasing penalties based on the number of times this has occurred.
- KRS § 256.090: The owner of the livestock is not responsible for the first time livestock breaks through a lawful fence and trespasses onto property without a fence but is liable for each subsequent occurrence.
- KRS § 259.210: This statute specifically relates to cattle, and strictly prohibits cattle from running at large. The owner is liable for any damages caused by cattle permitted to do so.
These laws, while not specifically related to vehicles, clearly establish that the owner of livestock is responsible for damages caused by these animals.
Kentucky law also clearly establishes what can be considered a “lawful fence”, with detailed specifics about its size, integrity, and material used in its construction. Investigating the state of the fence, as well as other factors that led to the livestock making its way into the path of an oncoming vehicle are important steps that an experienced law firm will know how to manage.
If you were seriously injured in a car crash and are looking to take legal action, working with a law firm you can count on is one of the most important steps you can take.
With hundreds of millions of dollars secured in verdicts and settlements, Peterson Law Office has a track record you can rely on to fight for your rights in court and at the negotiation table.
Contact us today to discuss your situation in a free consultation.
