According to a recent news article from WSMV, a 71-year-old man allegedly crashed into a horse and another vehicle. Authorities say the man was driving eastbound down a local highway, and he did not notice a horse was standing in the middle of his travel lane. At this point, driver crashed into the horse and lost control of his vehicle. His vehicle spun across the roadway after hitting the horse.
After he lost control, the car spiraled across the centerline of the non-divided highway, and he collided with another car traveling in the westbound lane. When police arrived at the scene of the somewhat strange car accident, they found driver trapped in his vehicle. They were able to pull him out of his car and provided immediate medical attention. He was then taken to a local hospital, where he was treated for injuries sustained during his motor vehicle accident.
First responders checked out the driver of the other car, and EMTs determined he did not suffer any significant injuries; however, the horse was killed in the car accident. Authorities say they were able to locate the owner of the now-deceased horse that was involved in the car accident. The owners of the horse allegedly admitted that they had purchased four horses that day, and three of them had gotten loose. This horse on the road was one of their three new horses that got away.
In South Carolina and North Carolina, there is a large amount of agriculture and large numbers of horse farms. There are certain laws that apply to owners of livestock that may make them liable for any damage by stray livestock. While every case is different, as the facts are never exactly the same, your Greenville car accident lawyer can discuss how these South Carolina laws apply to your situation.
In the state of South Carolina, pursuant to Code of Laws Tile 47, Chapter 7, any domesticated animal found wandering on public ways (roads) or land is considered an “estray.” Article 3 of Chapter 7 provides that it is against the law for an owner of a domestic animal to allow the animals to run at large anywhere outside the limits of animal owner’s property. If a person is guilty of this provision, he or she could be fined $25 and/or imprisoned for 25 days. While it is highly unlikely a person will actually be sent to jail for any period time, let alone 25 days, what it is important is that allowing your livestock to run wild is a crime. This means that a violation can be used to establish what is known as negligence per se, or negligence as a matter of law, as it is sometimes called It may also mean that a defendant is strictly liable for any damage or injuries caused by the wandering livestock. In other words, they may not be able to defend this claim in court, as long as all other requirements have been met. It should be noted that there has been no allegation of negligence on behalf of the owners of the horse in connection with this accident, as of this time.
Contact the Carolina injury lawyers at the Lee Law Offices by calling 800-887-1965.
71-year-old hits horse, vehicle in car accident, October 29, 2015, WSMV 4, by Brianna Owczarzak.
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