i hit a cow in the road at nite in tennessee

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i hit a cow in the road at nite in tennessee

is owner responsible for damages to vehicle and what are the statutes of limitations

Asked on October 4, 2016 under Accident Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The statute of limitations is 3 years in your state.
Either the owner, you, both, or neither may be liable, or responsible for the damages (to the and cow, respectively):
1) If the owner was negligent or careless in letting the cow out or not securing it properly, but you were driving carefully when the cow ran out in front of you, the owner is liable for your car damage.
2) If the owner was careful in keeping the cow secured, but it got out despite reasonable precautions (the law does not expect perfection: just reasonable care), but you were careless in driving (e.g. speeding; not paying attention), then you are responsible for the injury to his cow.
3) If you were both careless, the law will compare your relative degree of carelessness in deciding who is liable for what.
4) If you were both careful, and despite your respective best efforts, the accident occured anyway, neither of you is liable or responsible for the other's damages, costs, or losses.


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