Legal Question in Personal Injury in California

this morning i was driving to work it was dark on a main road there was a cow that i hit totaled my car due to a gap in my insurance that i was unaware of i had no insurance i paid have insurance now a shock to me , my question is should the cow owner be responsible


Asked on 2/22/11, 3:24 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

This depends on the circumstances of whether ths is a rural road, whether there are cattle crossing warning signs, etc. Most likely, the cattle farm owner would be held liable if no measures were taken to restrict cattle movement. There might be a claim of comparative fault, depending on your speed, distraction, fatigue, etc. By the way, how is the cow?

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Answered on 2/22/11, 5:45 pm
Tony Carballo Carballo Law Offices

Cows are not supposed to be on the road but there are many other issues that would affect liability. However, you may be counter sued for injuries to the cow or the value of the cow if it was killed depending on the facts. I have no idea how much a cow is worth. Considering the cost of hiring a lawyer and court costs it all depends on the value of your vehicle because that is you would get if you win. You could also lose your license for driving uninsured if DMV finds out about the accident even if the accident was not your fault or if not having insurance was accidental.

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Answered on 2/23/11, 4:44 am


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