If a cow was on the hwy at night and you hit it and damage your car from the cow who’s fault is it to fix the car

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If a cow was on the hwy at night and you hit it and damage your car from the cow who’s fault is it to fix the car

Driving on the right side
of the road a cow is in
the middle of the road
you hit the cow and damaged
your car from it who’s
fault is it?

Asked on November 3, 2017 under Accident Law, Oklahoma

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The owner of the cow is liable for negligence for failure to exercise due care (that degree of care that a reasonable cow owner would have exercised under the same or similar circumstances to prevent foreseeable harm).  The cow owner was negligent for not having the cow in a secure enclosure to prevent it from wandering onto the highway at night.
You can sue the cow owner for negligence.  Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs to your car.  You might be able to file your lawsuit in small claims court.  Upon prevailing in the case, you can recover court costs which include the court filing fee and process server fee.


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