You can claim for a car accident with an animal if you can prove that a farmer or pet owner failed to prevent their livestock or pet from causing you injury on the roads. This is because those who own pets or livestock have a responsibility to look after the animals in a way that keeps them under control and not a danger to the public. Animals can cause accidents due to their unpredictable nature and a habit of darting into the road, causing drivers to swerve or brake abruptly. These types of accidents caused by animals can cause severe injuries, and in some cases, car accident claims could be made for the physical, mental and financial harm suffered in such incidents.
Key Takeaways
- Car accidents involving animals can include livestock, pets, and wild animals.
- Animals on the road can cause car accidents, such as direct collisions and swerving incidents.
- The type of injuries you might suffer can range from whiplash to broken bones.
- Liability for your injury will depend on who is responsible for the animal involved in the accident.
- Here at Legal Expert, our solicitors can help you secure personal injury compensation on No Win No Fee terms.
If you have any immediate questions you would like answered, you can contact our advisors.
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Can I Claim For A Car Accident With An Animal?
You could claim for a car accident with an animal if the incident was caused by someone who failed to take reasonable steps to prevent the risk, such as an owner allowing a domestic or farm animal to stray onto the road.
An animal’s owner or keeper has a responsibility to take reasonable steps to prevent it from straying onto the road and causing danger to road users. If they fail to take reasonable care and this contributes to the accident, they could be held liable. We explain this in more detail in the next section.
Accidents involving wild animals are generally more complex. Wild animals are not considered to be under anyone’s ownership or control. This means no party can be held responsible for their behaviour.
If you’re unsure whether you could make a personal injury claim involving an animal, our advisors can review your circumstances and explain your options in a free, no-obligation consultation.
Who Is At Fault For Road Accidents Involving Animals?
Farmers and pet owners could be at fault for road accidents involving animals, as they are responsible for keeping them secure and off the roads.
Farmers, landowners and other livestock keepers have a responsibility to keep their animals secure. They can do this by using perimeter fencing and cattle grids, creating animal warning signs, and maintaining herds in appropriate pastures. If they fail to do this, and livestock ends up on public roads, resulting in road traffic accidents, they may be responsible for any and all injuries suffered. Additionally, Rule 58 from the Highway Code states that animals being herded should be kept under control at all times. If they are not during this herding process, causing an accident, the livestock owner could be held liable.
Pet owners have a similar responsibility to keep their animals secure so they don’t roam freely on public roads and cause accidents. Rule 56 of the Highway Code outlines that pets, such as dogs, must be kept on a short lead when being walked on pavements, roads or paths. Consequently, if a dog walker allows their dog to roam freely on a road and the dog causes a road traffic accident and subsequent injuries, the dog owner may be liable.
Call us today to discuss any of the above in more detail with an expert.
Can I Claim If My Accident Was Caused By A Stray Cat Or Dog?
You could claim if your accident was caused by a stray cat or dog, if the animal has a registered owner, and you can establish that your injuries resulted from the negligent failure to control the pet. Proving ownership is crucial. This is because pet owners have a responsibility to control their animals and prevent them from causing injury or damage. In other words, if a pet owner fails to fulfil their responsibility to keep their pet under control and you suffer an injury as a result, you may have an eligible claim.
However, if the cat or dog does not have an official owner, you will not be able to pursue a claim for a car accident with an animal, as there is no owner to make a claim against.
If you have been involved in an animal collision with a stray cat or dog and you’d like to speak with an expert, contact our department of advisors today.
What To Do After A Car Accident With An Animal
When it comes down to what to do after a car accident with an animal, you should prioritise your safety by pulling over to a safe location, turning on your hazard lights and checking yourself for injuries. Do not approach the injured animal as it may be unpredictable.
Step-By-Step Guidance
We’ve provided you with clear step-by-step guidance on what to do below:
- Prioritise your health and get the help you need. Seek prompt medical attention from the relevant setting, including A&E, your GP surgery or an urgent care clinic. Notably, your medical records can be used as evidence in your claim for a car accident with an animal.
- Gather plenty of evidence: Evidence is the ultimate way to strengthen your case. This is because it proves your version of events. Strong evidence includes photographs of any visible injuries, CCTV or dashcam footage, the contact and insurance details of other drivers involved, and the details of the farmer or pet owner of the animal involved.
- Report the accident: Report the incident to the police and your insurance provider to create an official record that the accident occurred.
- Write things down: We actively encourage you to write down the important stuff. This can include your daily symptoms (any pain you may be experiencing), any psychological distress, any treatments you have taken, and any appointments you have attended. This creates a detailed log of what has happened to you from a personal and intimate standpoint.
- Secure legal representation: Getting professional legal help is the best thing you can do to drastically increase your chances of winning your claim. It will also improve the likelihood of you taking home the highest possible compensation.
- Claim within the time limit: This is generally 3 years from the date the incident took place. It’s best to claim as soon as possible rather than delay. Later in our guide, we discuss the time limit in more depth.
Would you like to discuss these steps in more detail with a professional? Call us today so we can help you.
Do I Need To Stop If I Hit An Animal With My Car?
You only need to stop if you hit an animal with your car if they are covered within Section 170 of the Road Traffic Act 1988, which includes dogs, horses, cattle, ass, mules, pigs, goats, and sheep.
Specifically, Section 170 states that the driver is legally required to stop and report the incident to the police if it involves any of the animals mentioned above. Notably, this applies whether the animal was killed in the accident or not.
However, if you hit an animal with your car that is not listed in Section 170, it may still be worth notifying the police. This way, you will inform them of what happened, prompting the removal of the animal remains from the roadside.
If you would like to discuss whether you could claim for a car accident with an animal, you can contact our advisors.
How Much Compensation Can I Get For Road Accidents Involving Animals?
In a successful claim, how much compensation you could get for road accidents involving animals will depend on the type of injuries you have suffered, their severity and whether you have incurred any financial losses.
Importantly, legal professionals will typically refer to the Judicial College Guidelines (JCG) to calculate general damages for their clients. This head of loss covers the pain and suffering you have experienced because of your injury. Notably, this also includes any psychological injury you have suffered, such as anxiety after a car accident.
The JCG is useful to solicitors because it is a publication that lists injury types, severities, and suggested compensation brackets. Please have a look at the table below. It contains figures carefully sourced from the JCG on injuries that may be sustained in a car accident.
Please be aware that the first entry has not been taken from the JCG. Also, please use this table as a guideline only when considering your own car accident compensation.
| INJURY | SEVERITY | COMPENSATION GUIDELINES |
|---|---|---|
| Multiple Severe Injuries with Special Damages. | Severe | Up to £1,000,000+ where also awarded special damages including loss of earnings, care costs and private medical treatment. |
| Brain & Head Injury | Very Severe - Full-Time Nursing Care Required | £344,150 to £493,000 |
| Amputation of Arms | Loss of One Arm (i) | Not Less Than £167,380 |
| Ankle Injury | Severe - Extensive Treatment Period | £38,210 to £61,090 |
| Hand Injury | Severe Fractures to Fingers | Up to £44,840 |
| Knee Injury | Moderate (i) - Injuries Involving Dislocation | £18,110 to £31,960 |
| Wrist Injury | c) - Some Permanent Disability | £15,370 to £29,900 |
| Bowels Injury | e) - Involves Penetrating Injuries | £15,370 to £29,870 |
| Face Injury | Multiple Fractures of Facial Bones | £18,180 to £29,220 |
What Else Can Road Accidents With Animals Compensation Cover?
Besides your physical pain and psychological suffering, road accidents with animals compensation can also cover the financial impact of your injuries under a head of loss referred to as special damages.
We’ve provided examples of financial losses that can be covered under special damages for you to have a look at below:
- Medical expenses
- Loss of wages
- Loss of future earnings
- Travel expenses
- Care costs
- Adaptations to your home and car
If you are thinking about applying for special damages as part of your compensation, you will need to be able to prove that you have incurred financial losses. To do this, your solicitor will ask you to provide them with evidence in the form of documented costs. This will typically include payslips, invoices and receipts.
Are you wondering how much compensation you might get for your claim for a car accident with an animal? Ring us today, and we can provide you with an estimate free of charge.
Lucy’s £95,000 Payout For Her Claim For A Car Accident With An Animal
In this example case study* we look at Lucy’s £95,000 payout for her claim for a car accident with an animal that came about when a farmer’s cow escaped through a broken gate and ran into the road, directly causing her to be injured in a multi-vehicle crash. Lucy was one of the drivers involved in the multi-car collision and suffered a crush fracture to her lumbar vertebrae.
Lucy suffered a crush fracture to her lumbar vertebrae and had an eligible road traffic accident claim because a local farmer failed to repair a broken gate on his land in a timely manner, which led to the cow escaping onto public roads.
After working with a solicitor who helped her gather supporting evidence such as dashcam footage, photographs of the broken gate and Lucy’s medical records, Lucy received:
- £39,880 in general damages for the pain and suffering she experienced, including any psychological harm
- £55,120 in special damages for the financial losses she incurred as a direct result of her lumbar spine injury. This includes loss of earnings, medical expenses and childcare costs.
You may have a valid claim for a car accident with an animal like Lucy. Call us today to receive a free assessment.
Car Accident With An Animal Claim Time Limits
Car accident with an animal claim time limits are outlined in the Limitation Act 1980 and state that you have 3 years to start a claim from the date you suffered the injury. This is called the limitation period.
With that being said, there are exceptions to the limitation period for individuals who lack mental capacity, as well as minors. If you’d like to go more in-depth regarding the exceptions, please read our guide on the car accident claim time limit explained.
If you’d like us to assess your eligibility to claim under the legal time limit, please speak to an advisor today.
Why Use Legal Expert To Claim For A Traffic Accident With An Animal
The reason why you should use Legal Expert to claim for a traffic accident with an animal is that our solicitors can offer their services on a No Win No Fee basis if you are eligible. Our No Win No Fee solicitors have helped claimants all across the UK secure the compensation they deserve for the often devastating consequences of their physical, psychological and financial harm.
Our specialist No Win No Fee solicitors will offer you a Conditional Fee Agreement. This means you won’t have to pay for your solicitors’ service fees:
- If your claim for a car accident with an animal fails
- While your claim is in progress
- At the start of your claim
If your claim for a car accident with an animal wins, you will pay something called a success fee. This is taken directly out of your road traffic accident compensation as a legally capped or limited percentage, as per the Conditional Fee Agreements Order 2013.
Here at Legal Expert, our services are available to every client to support them during the claims process. Your health and well-being matter to us. This is why pastoral care is at the heart of what we do. Consequently, we implemented this by providing a robust range of support services, such as:
- Access your taxi account to establish the travel costs you have incurred
- Negotiate with the defendant’s solicitors and report straight back to you
- Gather evidence on your behalf so you can focus on your recovery and spending time with your loved ones
- Follow all instructions to the letter and be on time for every deadline presented to us
- Assess your eligibility for interim payments and help you secure them if you qualify
Contact Our Solicitors
Contact us here at Legal Expert to discuss your potential claim and receive free advice:
- Call us for free on 0800 073 8804
- Contact us online
- Text us using our live chat if it’s more convenient for you. Don’t worry, you will be met by a real person, not a bot!
Learn More
Learn more by reading some of our other guides:
- Read our guide on car accident injury payouts.
- Have a read of our guide on what to do if you have a car accident.
- Take a look at our guide on whether you can claim for a car accident without an injury.
Browse these external resources to broaden your knowledge:
- Read this guidance from the Metropolitan Police on collisions and incidents involving animals.
- Advice for farmers, landowners and other livestock keepers on cattle and public access in England and Wales.
- Learn when to call 999 from the NHS.
Thank you for taking the time to read our guide on how to claim for a car accident with an animal and our *illustrative case study.