What to do if I hit a horse in the road with my car

UPDATED: Oct 1, 2022

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What to do if I hit a horse in the road with my car

I hit a horse on my way to work about 230 in the
morning. My car is totaled Im in a beech brace and
out of work until I dont know when. No has
contacted me of who owns the horse. What do I do?

Asked on January 20, 2018 under Accident Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

IF you can identify the horse's owner and you believe that you were not at fault (i.e. not driving too fast; not driving distractedly or while in an impaired state) but rather that the fault was the horse's owner's, for letting his horse wander into the road, you could sue him for injuries and car damage. If a court agrees that he, not you, was at fault, you can get a court judgment against him ordering him to pay for your injuries and damage. But you must identify the owner (or at least the person in whose care the horse was--e.g. a stable housing the horse, from which it got away due to carelessness on their part), because only the owner or person caring for the horse might be liable (responsible). And to be responsible, they must have been at fault, such as in not locking up gate, not tying the horse up, etc. If they were not at fault--for example, the horse managed to jump a fence which reasonably should have high enough to contain it--they would not be liable; liability is based on fault.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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