Author: Shelby Benavidez
Contributing Attorney: John Sydow, attorney
TL;DR: Hitting Livestock in Texas
If you hit livestock with your vehicle in Texas, who is responsible depends on where the accident happened and whether the area is considered open range or a stock law area. In many open range areas, livestock owners are not automatically liable if their animals wander onto certain rural roads. However, livestock owners can be held responsible if animals are on U.S. or state highways, if local stock laws require fencing, or if the owner was negligent in maintaining fences or controlling their animals.
After a livestock accident, call 911, stay in your vehicle, document the scene, report the accident to your insurance company, and avoid approaching the animal or nearby private property. Injured livestock can be dangerous, and authorities will handle locating the owner and removing the animal safely.
If you were injured in a livestock accident, reach out to a local car accident attorney for a free case consultation.
Hitting an animal with your car is scary enough, but hitting livestock in Texas, like a cow or horse, can be confusing when it comes to liability, insurance, and Texas open range laws. Many drivers assume the livestock owner is automatically responsible, but in Texas, that’s not always the case.
Texas has unique open range laws and stock laws that determine who is responsible when a car accident involving livestock happens. If you drive on rural roads, highways, or Farm-to-Market roads, this is something every Texas driver should understand. Let’s break it down.
Texas Open Range Law Explained
What Does Open Range Mean in Texas?
Texas is historically an open range state, which means livestock owners are generally not required to fence in their animals. Instead, it was traditionally the responsibility of landowners to fence animals out.
In open range counties, livestock like cattle, horses, sheep, and goats may legally roam, and the livestock owner may not be liable if a driver hits the animal on certain roads. This surprises many drivers, but it’s a key part of Texas livestock accident law.
Local Stock Laws Can Change the Rules
Since 1876, the Texas Legislature has allowed counties to pass local stock laws. These laws modify open range rules and may require livestock owners to keep animals fenced in. If a stock law is in place, livestock owners can be held liable if their animals get onto the roadway and cause a car accident involving livestock. Because these laws vary by county, liability often depends on where the accident happened.
Brazos County Open Range
For example, Brazos County is considered open range, but there may still be specific rules about livestock on certain roads. If you’re unsure, you can contact county officials to learn about local stock laws.
Who Is Liable If You Hit a Cow or Horse in Texas?
Farm-to-Market Roads vs Highways
If you hit an animal in an open range county, liability may depend on where you hit the livestock. In many open range areas, livestock owners are not liable if their animal wanders onto county roads, rural areas, or Farm-to-Market roads. In these situations, you’d have to rely on your own insurance for damages to your vehicle, and in some cases, the cost of the animal.
However, livestock owners can be held responsible if animals are found roaming on U.S., state, or federal highways. So, if you hit a cow on a highway in Texas, you may be able to sue for damages against the owner of the animal. Not only could the owner face civil liability, but allowing livestock to roam on major highways can even result in a Class C misdemeanor for the livestock owner.
Fence Maintenance Still Matters in Open Range Counties
Even in open range areas, livestock owners still have responsibilities to keep others safe. If a fence is clearly damaged and the owner knew about the problem but chose to ignore it, they may still be considered negligent.
Whether the damage to the fence was caused by storms, falling trees, other animals, or normal wear and tear, owners are expected to regularly monitor fences and keep track of their livestock. It can be difficult to monitor large properties with hundreds of acres, but owners can still face legal consequences if they fail to maintain their fences or livestock and someone is injured as a result.
Every Livestock Accident Is Different
Unfortunately, there is no single blanket law for livestock accidents in Texas. Because laws vary by county, it’s nearly impossible to list every consideration for what factors play into liability. However, common factors include the type of road the livestock accident happened on, the condition of the owner’s fence, whether the owner knew animals were loose, or other forms of negligence. Every case is different, which is why many Texas livestock accident claims require an experienced attorney to secure full value for your injuries.
What To Do If You Hit Livestock in Texas
If you are involved in a car accident with livestock, these steps could protect your health, your property, and your potential livestock accident injury claim.
1. Call 911
Always call 911 after a livestock accident in Texas, even if it appears to be minor. A police report can help determine liability. Not to mention, livestock on the road is a public safety risk, and failing to report it can lead to additional accidents.
You could also face legal consequences if you hit livestock, killed or injured the animal, and then left the scene without reporting it. In Texas, livestock is considered personal property, so leaving the scene after hitting a cow or horse could be treated similarly to a hit-and-run involving a parked vehicle.
2. Document the Scene
If you’re involved in an accident with livestock, your safest option is to remain in your vehicle until local authorities arrive. Injured animals can be unpredictable and dangerous, and walking along rural roads at night can put you at risk of being hit by another vehicle.
It’s also important not to walk onto nearby private property to look for the animal’s owner. Just because there is a fence or pasture nearby does not necessarily mean that property owner owns the animal. Livestock can roam far from where they escaped, especially if a fence was damaged or a gate was left open. Walking onto private property could put you in danger and may also create legal issues.
Once law enforcement arrives, they can help document the scene, including taking photos of the animal, your vehicle damage, and any nearby fences or gates that appear damaged. Officers can also help locate the livestock owner so you can exchange information and move forward with insurance or any potential claims.
3. Do Not Move the Animal
A large animal like a cow or horse can be extremely dangerous if it is injured. For your safety, you should never try to move the animal yourself. An injured animal that size may attempt to kick or charge if it feels threatened, putting you at serious risk.
It’s also important to understand that it is not your responsibility to clear the road or dispose of the animal after a livestock accident. Local authorities will handle the situation and take the necessary precautions to secure the area and remove the animal safely.
In Texas, there are laws and health regulations regarding the proper disposal of livestock to help prevent the spread of disease and protect public health. Law enforcement or animal control will contact the appropriate parties to ensure the animal is removed and disposed of properly.
4. Contact Your Insurance Company
Regardless of who’s at fault, it’s important to report a livestock accident to your insurance company as soon as possible. Even if the animal owner may ultimately be responsible, your insurance company will still need to document the accident and may help cover vehicle repairs in the meantime.
If you’re found at fault, or the owner of the animal can’t be located, many car insurance policies in Texas cover animal collisions under comprehensive coverage, which typically applies to accidents involving animals like deer, cows, horses, and other livestock. Comprehensive coverage usually covers damage to your vehicle, but it may not cover medical expenses unless you also have personal injury protection (PIP) or medical payments coverage.
When you report the accident, be prepared to provide the police report number, photos of your damaged vehicle and the animal, the location of the accident, and any information about the livestock owner if you have it.
5. Speak With a Texas Personal Injury Attorney
If you were injured in a livestock accident in Texas, it’s worth talking to a qualified car accident attorney to see what your options are. An attorney can help investigate the accident, locate the livestock owner, review local laws, and determine whether the owner may be responsible for your injuries. If necessary, they can also handle the process of filing a lawsuit and serving the livestock owner.
Many car accident attorneys offer free consultations, so it costs you absolutely nothing to call and ask questions about your situation. Many also work on a contingency fee basis, which means if they don’t win your case, you don’t owe them anything. You don’t have anything to lose by at least getting more information.
When laws vary across counties and liability isn’t always clear, it can help to have someone on your side who understands these types of cases and can fight for full value for your injuries.
Conclusion: Farm-to-Table Is Fine – Farm-to-Windshield Is Not
Hitting livestock in Texas isn’t as straightforward as most car accidents. Because Texas is an open range state, the livestock owner is not always responsible when animals are on the road. However, stock laws, highway rules, and negligence can change who is liable.
If you drive in rural Texas, the best thing you can do is slow down at night, watch for cattle crossings, and be cautious on rural roads. Farm-to-table is great. Farm-to-windshield… not so much.
FAQs About Hitting Livestock in Texas
Is Texas an open range state?
Yes, Texas is historically an open range state, but many counties have stock laws that require livestock owners to fence in animals.
Who is responsible if I hit a cow in Texas?
It depends on the county, road type, and whether stock laws apply. If the accident happens on a state or federal highway, the livestock owner may be liable.
Will my insurance cover hitting livestock?
Most comprehensive auto insurance policies cover collisions with animals, including cows and horses.
What should I do after hitting livestock?
Call 911, document the scene, contact your insurance company, and consider speaking with a Texas personal injury lawyer.
Are livestock owners required to fence their animals in Texas?
Texas livestock roaming laws vary by county. So, in stock law counties, yes, an owner would be required to fence in their animals. However, in open range counties, the owner may not be required to keep their livestock fenced in.
