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Joined: Jun 2000
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CEG\'er
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Originally posted by red99sesport:
Last Sunday night
Originally posted by mikey boy:
if he was paying any attention at all he would have seen the very large patchy black and white road ahead. i dont see how, if he was traveling at the posted speed limits, not see the cow.
unless the cow had headlights, i'm guessing it's pretty hard to see what could be a predominantly *black* cow on an unlit road in the dark.
just a thought.
as far as liability, no clue - check the local laws...i would think the owner would be liable for damage caused by something they own, but laws aren't always logical.
blake
--former CSVT owner--
MINE: 2002 jeep grand cherokee limited 4x4 - stone white/taupe
HERS: 2005 acura TL 5AT non-navi - satin silver/quartz
GARAGE ORNAMENT: 1962 chevy C10 fleetside pickup - tan/rust
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Joined: Sep 2002
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Actually...... I watched a, I believe it was Judge Judy one day on this exact same scenerio... Lady driving to work on a backroad, was pretty dark, came over a hill and didn't see the cow and hit it... Did all sorts of damage to the front end of the car... The farmers were trying to make a point that they had a fence built not long before then and it was built to spec, so they should not be responsible... What it all boiled down to was that THE COW GOT OUT OF THE FENCE!! If the farmers can't keep the livestock contained, then you are legally responsible... Not sure what state it was in, or if the law is much different from state to state, but the farmers ended up having to pay for the damage to the woman's car...
Mark
2000 Black CSVT
3.0L Hybrid - 206fwhp & 195fwtq
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Joined: May 2000
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tell your grandpa to be more careful and to see the "steaks" thread. 
Oo (xxx)oO
o xxxxxxxx o
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Joined: Oct 2002
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In Ohio the owner of the Cow could be responsible. Here is a description of a court case: http://www.law.utexas.edu/dawson/cases/car/sellars.htmThe article says: R.C. 951.02 provides: No person, who is the owner or keeper of horses, mules, cattle, sheep, goats, swine, or geese, shall permit them to run at large in the public road, highway, street, lane, or alley, or upon unenclosed land, or cause such animals to be herded, kept, or detained for the purpose of grazing on premises other than those owned or lawfully occupied by the owner or keeper of such animals.
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Joined: Sep 2003
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Originally posted by bishop375:
I'd like to see them make the same contention of it "not being their fault" if their car was improperly parked and it rolled into the street causing the same problem.
I know two police officers, and they were telling me that if a car somehow ends up in the middle of the road, say the parking break let's go, or whatever, and someone hits it, it's NOT the owner's fault. They told me that it's the same idea of having a car break down while driving, or people parking on the side of the road during a party. If it's something that the owner did not diliberately do, then they are not held responsible for it. As a driver, you must be prepared for anything. Yes accidents do occur, but it's hard to miss a car in the middle of the road. Situations are diff on highways obviously.
Not sure if the cow thing fits into this category, but interesting none-the-less.
2000 CSVT Silver Frost: #942 of 2150
HID Projectors and Fog Light Mod, Optomized TB, MSDS headers
2003 Silverstone Z
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Actually, the reason I posted this is that the owner is responsibe for the damage to the car and they are trying to weasel out of it. I get really tired of this crap. Two months ago my Dad got rear ended, and the girl's insurance wanted to bondo a Lincoln bumper as a fix. That was only after she admitted she hit his car. At first, she denied the incident, and he finally had to get the highway patrol to call the insurance company. From friends who have have this happen in the past, I know that in an area zoned R1, anytime an animal owned by a person that is not a pet damages a moving car, then the owner is liable. They aren't really supposed to have cows anyway. These people know this and are trying to get out of paying for it. BTW, the cow was black, and on many roads in Ohio there are no street lights or reflectors on the road, so he didn't see it until it was too late to come to a even half way decent stop from 55 (the legal speed limit). I just get sick of having to deal with and see others deal with this crap all of the time. If you either directly or indirectly damage something it's your fault, and you should pay for it. That is what people have insurance for, they should be happy he didn't get injured and he isn't suing them for large sums of money. That is my thought on the subject period.
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i was with a friend of mine years ago and we were taking another friend of ours home and we were hit by a flying cow!  the whole story is that the cow was hit by a semi and thrown into the car we were in. during the event i told my friend to get the hamburger buns because we were going to eat it!!!!!!!!! holy shitttzeee was that a big dent!! 
2006 fusion sel
1998 grand prix gtp(wife)
1993 dodge shadow es(winter beater)
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