Legal Question in Personal Injury in Texas

If a car hits a cow on a Texas highway or road, who is at fault? The driver or the owner of the cow?

Asked on 5/12/11, 6:12 am

4 Answers from Attorneys

Mark Dunn Mark D. Dunn

Probably the owner of the cow.

It will depend on other facts: was the driver drunk? visually impaired? was there an opportunity for him to avoid hitting the cow that he didn't take? was it at night?

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Answered on 5/12/11, 6:45 am
Mark Hefter Law Office of Mark Hefter

In addition, it may depend on the facts and circumstances on how the animal was allowed to roam on the road. For example, in Texas there may be a cause of action against the land owner or owner of the livestock if the fence was negligently maintained or if they failed to build and/or maintain pens, fences and gates on the premises to keep the animal off of the nearby highway. See Chapter 143 of the Texas Agriculture Code. You will also need to check to see if the County in which the wreck occurred had a Stock Law. I hope this helps. Please feel free to call me if you wish to discuss or if you have any questions. Good luck.

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Answered on 5/12/11, 7:06 am
Parker Polan Briggle & Polan, PLLC

Actually, it depends on what county it happened in and whether or not that county is an "Open Range" county. I would be glad to give you an answer but would need to know what county it happened in.


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Answered on 5/12/11, 7:08 am
Ken Gober (Austin TX) Lee, Gober & Reyna

The best answer is "it depends". I am a personal injury lawyer and would be glad to discuss the case with you (FREE CONSULTATION).

I look forward to your call: 512-478-8080.

Good Luck!

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Answered on 5/12/11, 9:06 am

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