Liability for Car Accidents Caused by Animals
You may know how to seek financial compensation for a typical car accident – one that involves another driver. If your accident was caused by an animal in Massachusetts, however, responsibility for your property damage and injuries can be more complicated. Without another driver to hold responsible, you may need a third party to provide insurance coverage.
Massachusetts Is a No-Fault State
In Massachusetts, the no-fault rule means that all drivers must carry personal injury protection (PIP) insurance to pay for their own medical bills and lost wages after an accident. PIP insurance will apply regardless of who or what caused the crash. Massachusetts’ no-fault rule does not apply to property damage, however. A driver must prove fault and file a third-party claim to recover compensation for property damage.
The Owner of the Animal
After an accident involving an animal, call the police to report the crash. When the police arrive, they can examine the animal to determine if it is wild or domesticated. If the owner of the pet or livestock can be identified, he or she may be held accountable for your crash. It is a pet owner’s responsibility to make sure that animals do not get loose, run at large or have access to public roadways. The failure to meet this responsibility could place liability for a related car accident with the animal owner.
The Driver
If a wild animal caused your car accident, the option of holding someone responsible for your vehicle damage may still be open. A car accident attorney in Massachusetts can investigate the crash and look for evidence of third-party liability, such as the driver of the vehicle you were in. If you were riding as a passenger in someone else’s car, including a taxi or Uber/Lyft, you may be able to hold the driver responsible for failing to prevent a collision involving an animal. Placing liability with the driver will require proof that a reasonable and prudent driver would have been able to avoid the animal.
The Other Driver
If a driver swerved to avoid hitting an animal only to crash into you, he or she could be at fault for jerking the steering wheel, crossing over the dotted line or otherwise causing your property damage. The other driver’s percentage of liability will depend on the situation. Massachusetts is a comparative negligence state, meaning that as long as the other driver is 51 percent or more at fault in your accident, his or her insurance company will pay for your property repairs.
The City or State
You may be able to hold the city or state government responsible for a car accident involving an animal if a road hazard or defect contributed to the crash. If you would not have hit the animal were the street lights not out on a public road in Massachusetts, for example, the government may be at least partially at fault. An investigation of your accident can search for roadway defects that might have contributed to the crash, even if a crossing animal was the primary cause.
The Vehicle Manufacturer
Finally, you may be able to hold the manufacturer or distributor of your vehicle responsible for an accident involving an animal if a defective car part played a role, as well. If you tried to hit your brakes to avoid the animal, for example, only to experience brake failure, the automaker could be liable. If you suffered serious injuries in the accident because of a defective seat belt or airbag, this could also give you grounds for a product liability claim.
While you may only have your own car insurance available for compensation after an accident caused by an animal in Massachusetts, you may also be able to hold a third party liable. Discuss your case with a lawyer right away to learn your rights.