A car crashed into one of my cows - who's at fault?

But recently one of the cows was hit by a car driving along on the road and I have received a solicitor’s letter from the driver of the car saying that he suffered personal injury as a result of the accident. 

Typically, I open the gate and stand in the middle of the road to make sure drivers stop. In this instance, I opened the gate, and a cow stepped out, and the driver collided with her. The hedgegrow next to gate was overgrown and the visibility was bad, and I did not see him coming. Am I potentially at fault here as the owner of the cow? I do have public liability insurance.

Dear reader,

Moving cattle from one field to another by crossing a road is a task that many farmers have to undertake daily. Whilst I haven’t seen the solicitor’s letter you received, it is likely they are alleging negligence against you. 

If the driver is alleging negligence against you as the cattle owner, the onus of proof first lies with them to prove, firstly, that the incident occurred with the cattle on the road and secondly, that they took all necessary precautions and care when approaching the cattle and especially if they were overtaking. 

Where cattle have escaped onto the road without a handler, then all the driver must show that the collision or incident occurred with the cattle that had escaped, and the burden of proof would shifts to you to prove that all reasonable steps were taken to prevent the animals escaping and causing harm.

As the owner and handler of the cattle, you must take precaution and care in controlling and driving the cattle on the road. The standard of care that the owner must establish is reasonable care, which will be judged on the balance of probabilities, as in it must be more likely than not that you took all reasonable care to handle the cattle.

The court is likely to want to ascertain that you had simple safety procedures in place, such as adequate signage, proper lighting (in the event that it is dark out), an appropriate number of handlers, and high visibility. 

These factors can all show that the owner practised reasonable care. I note you have stated the fence was overgrown, which reduced visibility and may expose you to some liability here. 

The court will look into whether reasonable precautions were in place, such as adequate stock-proof fencing, locked gates in the required areas, gates bolted to lands where stock are held and, of course, that all of these structures are maintained properly and kept in good condition.

The owner should also have appropriate regard for the animal’s species, breed, development, environment and any other factors that may affect how they are to be handled and the type of fencing necessary to keep them from escaping.

If you can show reasonable care has been taken by you regardless of the circumstances, the court may find that you are not liable for the accident.

I would advise that you notify your insurer of the accident and check the position in respect of your insurance and whether your policy covers a collision on a public road from cattle escaping.

If you do have appropriate cover, then the insurance company will look after you and may look to settle if they believe there are risks in defending on liability, as costs will be significantly higher if it proceeds to a hearing.