Who Is At Fault When an Animal Is Involved in an Accident?

One of the best parts of living in New York’s Southern Tier is being surrounded by nature – at least until part of that nature causes a car accident.

If you have been hurt in a collision involving an animal, you might be wondering how you can recover compensation for what happened. The answer will depend on several factors, including whether the animal was wild or domesticated and who caused the crash.

How Our Experienced Binghamton Car Accident Lawyer Can Help You

At Scott C. Gottlieb, Injury Law Attorney, we do it all so you don’t have to. We focus solely on personal injury claims, including those involving animals getting hit by cars. Our law firm has a long track record of winning big victories for our clients.

We won’t just handle the legal side of your case, either. Instead, we will go above and beyond to help you past the immediate scope of your case. That includes coordinating with your doctors and recovering your medical records. Our holistic approach is just one of the reasons that Attorney Scott C. Gottlieb maintains an AV Preeminent Rating from Martindale-Hubbell, the highest one possible.

Our clients appreciate the full service we provide and praise us for the compassion and understanding we show. Here is what one of our past clients had to say about his experience with Scott C. Gottlieb, Injury Law Attorney:

“From start to finish, I felt I had made a great choice for representation for my case. Everyone is caring, respectful, patient and supportive and worked tirelessly for the best possible outcome. Thank you all for everything!” – Eugene S.

When you choose us to handle your animal hit by car case, you get to focus on resting and getting better.

While you do that, we can:

• Investigate the accident to determine if an animal’s owner or another party is at fault for what happened
• Review your insurance policy’s language to determine the extent of your coverage
• Coordinate with your doctors to help you get the care you need and gather medical records to support your case
• Negotiate with insurance companies for a fair settlement
• Take your case to trial if that becomes the best way to get you the full compensation you’re entitled to

What’s more, we’ll do all this at no upfront cost to you. Instead, you will pay us only if and when we recover compensation for you. Contact us today to get started with a free consultation, and our experienced attorney will answer your questions about what happens next.

How New York’s No-Fault Insurance Laws Apply to Animal-Related Car Accidents

New York’s no-fault insurance system means your auto policy’s personal injury protection (PIP) coverage will pay up to $50,000 in medical expenses and lost wages stemming from an accident. Other optional policy coverages may also apply to your situation, such as additional no-fault/PIP benefits, which extend PIP coverage by another $50,000, and comprehensive coverage, which pays for vehicle damage if you hit an animal.

You might be wondering, “Is hitting an animal an at-fault accident?” The answer depends on the circumstances of the animal accident. If someone else is to blame for such an accident – such as the animal’s owner – you could be able to pursue an insurance claim or lawsuit against the responsible party. Depending on the circumstances, that could allow you to recover compensation for pain and suffering, which is not covered by PIP or comprehensive coverage.

Who Is Liable for an Animal-Related Accident Under New York Law?

Liability for an animal-related crash in New York depends on the circumstances of the collision. The driver may be to blame if they could have avoided the crash but failed to do so. The driver is also functionally liable if the animal involved was wild.

If the animal was a pet or livestock, the animal’s owner could be to blame for negligently letting the domestic animal onto a public thoroughfare. For example, farmers are generally responsible for ensuring that their livestock stays on their premises and does not run at large, where they can be a public danger. They could be liable if they failed in this responsibility and someone got hurt as a result.

New York has animal hit-and-run laws that apply to these circumstances. Section 601 of New York’s Vehicle and Traffic Law requires a driver who hits and injures a dog, cat, horse, or animal classified as cattle to find the domestic animal’s owner if possible and tell them what happened, or notify the police. Failure to do so results in a fine of between $50 and $150 for a first offense and between $150 and $300 for each subsequent offense under animal hit-and-run laws.

What Happens If You Hit a Deer or Other Wild Animal in New York?

While the owner of a domesticated animal may be liable when the animal causes a motor vehicle accident, there is no one to hold liable for a wild animal’s behavior. In cases such as a deer strike, a driver will need to turn to their own insurance policy for compensation.

Mandatory PIP will cover up to $50,000 of necessary medical costs and lost wages of up to $2,000 per month. Optional comprehensive auto insurance coverage could apply to accidents involving animals and would pay for vehicle damage. Despite its name, collision coverage (also optional) does not pay for animal-vs.-vehicle accidents.

Can You Sue After an Animal Causes a Car Accident in New York?

Yes, you could be entitled to bring a personal injury lawsuit against the owner of a domestic pet or farm animal who negligently allowed the animal to get loose onto the roadway.

If that was the case, you could pursue compensation for your:

• Medical bills beyond those covered by your PIP benefits
• The full extent of your lost income beyond the $2,000 per month that PIP covers
• Diminished earning potential if your injuries affect your career trajectory
• Pain, suffering, and emotional distress if you suffered a serious injury
• Property damage, including the cost of repairing or replacing your damaged vehicle

However, you may need to prove that you meet New York’s serious injury threshold to recover compensation for non-economic damages, such as pain and suffering.

State law defines a serious injury as:

• Death
• Dismemberment
• Significant disfigurement
• A fracture
• Loss of a fetus
• Permanent loss of use of a body organ, member, or system
• Permanent and significant limitation of a body organ or member
• Significant limitation of the use of a bodily function or system

Our experienced car accident lawyer can advise you on whether your injuries meet the definition.

Why Choose Our Binghamton Car Accident Attorney

Do you need help managing the aftermath of an animal-related car accident in the Binghamton area? Contact Scott C. Gottlieb, Injury Law Attorney today. We are ready to analyze what happened, advise you on your legal options, and pursue the maximum compensation you’re entitled to, all at no upfront cost to you. Let’s get started with a free consultation now.