Britain is undoubtedly a nation of animal lovers. Most drivers who collide with a large or medium sized animal such as a dog, cow, horse, or deer are devastated for the animal if it is seriously injured or killed. However, hitting an animal or swerving to avoid one can also cause serious injuries to vehicle occupants and lead to complex personal injury claims.
In recent years, there have been several high profile cases involving livestock on UK roads. For example, in June 2022, a driver was injured after hitting four cows that had wandered onto a dual carriageway. In another tragic case, a primary school teacher was killed by cattle that had escaped onto a public bridleway, resulting in potential fines of up to £250,000 for the owners due to inadequate safety measures.
Before explaining how to claim compensation for injuries caused by an animal related road traffic accident, it is important to understand your legal responsibilities if you hit an animal with your car.
If you collide with an animal while driving, you should first move to a safe place, turn on your hazard lights, switch off your engine, and check whether you or your passengers are injured.
You are legally required to report the accident to the police if you hit any of the following animals:
Failing to report a collision involving these animals can result in criminal penalties.
If the animal is still alive, do not approach it. Injured animals can behave unpredictably and may pose a danger. Instead, contact the relevant animal welfare organisation:
There is no legal requirement to report collisions with wild animals such as foxes or badgers. However, notifying an animal welfare organisation may help prevent unnecessary suffering.
Although deer are generally classed as wild animals, some are kept in enclosures. If a deer escapes and causes an accident, the enclosure owner may be legally responsible. For this reason, it is always advisable to contact the police if you hit a deer. If the animal is deceased, the incident should be reported to your local council.
Livestock owners have a legal duty to ensure their animals are securely enclosed and cannot escape onto roads, footpaths, or bridleways. This duty also applies to pet owners.
In Donaldson v Wilson, the Court of Appeal ruled that a farmer was liable for injuries caused when cattle escaped from his land and reached a public highway. This was the case even though a third party had left a gate open, confirming that livestock owners may still be held responsible in many situations.
Most farmers carry public liability insurance, which usually covers compensation claims for personal injury and property damage caused by escaped livestock.
If you are injured in a car accident involving an animal, taking the correct steps immediately can strengthen your claim.
To succeed in a compensation claim, you must prove that the animal owner:
A Personal Injury Solicitor will gather evidence such as:
Most personal injury claims are resolved through an out-of-court settlement, meaning court appearances are uncommon.
There is a strict three year time limit for bringing a personal injury claim following an accident involving an animal. This time limit usually runs from the date of the accident, making early legal advice essential.
If you are worried about legal costs, most animal related accident claims are handled on a No Win, No Fee basis. This means there is no upfront cost and no fee to pay if your claim is unsuccessful.
Being involved in an accident with a large animal can be frightening and traumatic, particularly if it happens at night or on a fast-moving road. If you have suffered injuries, it is vital to seek legal advice as soon as possible.
Our experienced personal injury team has decades of combined experience helping clients recover compensation following animal-related road traffic accidents. We offer a free, no-obligation consultation and are available by phone or email to discuss your case.
For fast, friendly affordable legal advice. Contact a member of our team today.
