Hitting a wild animal vs. a farm animal will make a big difference in terms of who is liable for your car accident. Hitting a wild animal will likely mean that your insurance will cover the damage as a no-fault accident.
Understanding the differences between a wild animal and a farm animal-caused crash is vital to recovering compensation. A Fort Lauderdale car accident lawyer can help if you’ve been in a collision.
What Happens When You Hit a “Wild” Animal vs. a Farm Animal?
When you hit a wild animal, it will likely be considered a “no-fault” accident through your insurance. When you hit a farm animal, though, the animal’s owner may be considered an at-fault party.
Hitting an animal while driving is often a stressful experience. If your vehicle is damaged or you are injured in the collision, you will have medical and other expenses to consider. A Fort Lauderdale personal injury lawyer can help you handle your insurance claim.
What Happens When You Hit a Wild Animal?
Whether a deer, wild boar, or other animal, hitting a wild animal is often considered an “Act of God” when it comes to insurance matters. Here’s what this means for you:
- Unless there were contributing factors, such as you were speeding or driving under the influence, your insurance rates will not go up.
- Any vehicle damage is covered under the comprehensive coverage section of your policy rather than as a collision.
- You will need to pay your deductible.
- If you only had liability coverage, then you may be unable to recover compensation for the vehicle damage.
What Happens if You Hit a Farm Animal?
Farm animals, such as cows or goats, can cause considerable damage to a vehicle when struck. If the animal was on the loose, the owner may be held liable for your accident. What this means for you is that:
- You must prove that the farmer/animal’s owner was negligent.
- You must prove that you were not at fault, such as speeding or driving drunk.
How Can You Prove an Animal’s Owner Was Negligent?
Under the Florida Statutes 588.15, a farm animal’s owner can be liable for an accident if they “intentionally, willfully, carelessly, or negligently” allowed the animal to be on the loose / get loose. Proving that they are liable can take a thorough investigation and the gathering of evidence. Your lawyer can do both.
Some potentially negligent actions include:
- Leaving a pasture gate unlocked or improperly latched.
- Having rusted, broken, or otherwise worn fencing.
- Not having proper fencing or other barriers.
What Evidence Can Help Prove Negligence?
Helpful evidence can include:
- Police reports.
- Maintenance records.
- Previous complaints filed against the farmer.
- Animal control records.
- Witness statements.
- Video footage.
What Compensation Can You Recover After Hitting a Farm Animal?
If you were injured in the accident, you may be able to recover compensation for both economic and non-economic losses. These can include:
- Emergency room care
- Diagnostic testing
- Surgeries
- Hospital stays
- Doctor appointments
- Prescription medications
- Physical therapy
- Property damage
- Lost wages
- Reduced earning capacity
- Home or vehicle modifications
- Mobility assistance devices
- Long-term medical care
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Is There a Deadline to Recover Compensation After a Car Accident Involving a Farm Animal?
In Florida, you generally have two years to file a personal injury lawsuit. However, there can be exceptions to this. It’s best to discuss the timeline with your lawyer and get started on your case as soon as possible. Evidence can disappear, and witness memories can become less reliable over time.
Call or text 800-431-9252 or complete a Free Case Evaluation form
What if You Are Partially At Fault for the Accident?
If you are partially at fault, you may still be able to recover compensation for your losses. In Florida, the state follows modified comparative negligence for assessing damages. This means that if you are 50% or less at fault, then you can still recover compensation from another at-fault party.
However, your recoverable compensation is reduced by your percentage of fault. This is one reason an attorney can be especially helpful, as the other party may try to argue that you were more at fault than you say.
How Can a Fort Lauderdale Car Accident Attorney Help With Your Case?
Whether you hit a wild animal or a farm animal, a car accident lawyer can help with your insurance claim and any potential lawsuits. Your lawyer can:
- Investigate to determine whether negligence was involved.
- Determine all liable parties involved.
- Gather evidence to build a strong claim.
- Handle all communications with the other parties involved.
- Negotiate for fair compensation on your behalf.
- Represent you in court, when necessary.
- Handle any needed appeals after a denied claim.
What Should You Do If You’ve Hit an Animal?
If you’ve hit an animal with your vehicle, prioritize your safety first. Move your vehicle, if possible, off the road and check yourself for injuries. Taking the following additional steps can also be helpful for your claim and for your health:
- Get medical attention as soon as possible.
- Report the accident to the police.
- Take photographs of the accident scene, including the animal, vehicle damage, and any visible injuries you have.
- Contact a car accident lawyer.
- Avoid talking directly with insurance adjusters. Ask them to speak with your lawyer instead.
- Follow all medical guidance prescribed by your doctor.
For a free legal consultation,
Call 800-431-9252
Contact a Car Accident Lawyer in Fort Lauderdale
What happens if you hit a wild animal vs. a farm animal? It can significantly alter how you recover compensation for both the vehicle damage and your injuries. If you were in an accident, our legal team can help.
At Blakeley Car Accident & Personal Injury Lawyers, our team has over 40 years of combined experience. We treat every client with the compassion and commitment they deserve. Reach out today and get started on your case with a free consultation.
