Driver Blamed for Hitting Cows on Road at Night

[XB GS 351 Coupe]

Love how a lot of people blame the farmer instead of having the driver take responsibility for his driving. He had plenty of clear and obvious warning, and was driving too fast for the conditions. I know the road well and travelled it many times.

The old blame someone else for your stupidity game that is so common these days.

What if you were the farmer, and some moron (trespasser/illegal hunter/kids, etc) left the gate open and you get blamed for this?? no farmer would put their expensive livestock at risk. We recently had an idiot P plater go through a paddock fence letting hundred of sheep out, said P plater fled the scene, 3 months later there are still 30 sheep missing, we did find the P plater, was easy to spot the damage on his car in a small town...

We have a horse kept in paddock on the edge of town, recently I was sitting on my front veranda on a Sunday arvo with a cold beverage when all of a sudden our horse comes trotting down the main street of town. Lucky nothing happened and we caught him without incident, upon inspecting the paddock some kids (we found out who and they came and apologised) took a short cut through the paddock and left the gate open.

No one is more upset than the farmer when his stock turns to road kill.

[xtremerus]

If that was in NSW, the cars Insurance Co. would be retrieving damages from the farmer.
That's if the carcase still had its ear-tag and brand left on by morning.
Get my drift.

[Russ]

It's probably in "Spurs" cabin by now wrapped up in the Larder

[mik]

These things happen, he didn't see them till he was right on them, yes most of us would have put beam's straight back on,
he made a mistake,
perhaps the other driver could have wacked on his hazards as well, it might have given a bit more of a clue, but anyone could have read it as something else too.

[malazn mafia]

This is where FLIR night vision comes in handy. Can see Mr Moo and Mr Roo from a kilometre away, as it exposes everything up to the horizon that has a heat signature. Can even see right through scrub and vegetation to reveal Mr Plod hiding in the median strip from a mile away. Navigating through fog, heavy rain and even thick black smoke is no challenge with FLIR.

Govco should subsidise these ingenious devices if they are really interested in reducing the road toll for night drivers .

[pottery beige]

terrible driving music

hope the cows are ok

[sprintman1]

Clueless city driver let loose in the bush. He's 100% at fault

[Jack960]

Technically he shouldn't get in trouble for this incident. It doesn't matter about how far the lights shine, as long as they meet the appropriate design standards.

His lights are illuminating the road for about 60m, if he is travelling at 100km/h thats roughly 30m/s, giving him 2 seconds to respond. Human reaction time is around 1 second (conservative for unsuspected event). He travels 30m in that time giving him 1 second to react, 2 at best.

He dimmed his lights because the other bloke was flashing him, I don't know about you but when someone flashes me at night I assume its because I didn't dim my lights, not because there is a heard of cows on the road when there shouldn't be. Even with high beam on it would have been pretty close.

[XR Martin]

This thing hit a cow at night near Goulburn NSW. Farmer was at fault, and apparently it wasnt the first time as once before a motorcyclist was killed hitting one on the same stretch of road.

[ozpacman]

Originally Posted by new2ford

I wonder why the police didn't have a go at the other driver for flashing his high beams within the prescribed distance of an approaching car - they're very ready to pursue that if it's done near a speed trap!

The other driver wasn't committing any offence by flashing his high beams. The headlight flasher switch is an emergency warning device and he was quite rightfully trying to warn of an emergent situation.

Clearly our dash cam bloke ignored it to his detriment!

[CyberWasp]

The driver is udderly irresponsible.

[OCTANEBOSS]

His own fault in the end, drive to conditions cows are not big on road rules. A few seconds earlier and it could of been a head on. Not sure about the chargable offence thou, if it was a drunk kid laying on the road would it still be his fault. s*** happens

[ebxr8240]

The farmer can only be responsable if he's been found to be neglegant at leaving gate open r not signing road when grassing or moving them..etc.. I think it's a case of sueing God... Good luck ... Billy Conolly

[uniacidz]

Ha

Driver fault and as others have said, not driving to the conditions.

Im confused why the dash cam driver turned his high beam off and on again then off when the car was approaching trying to warn him with quick flashes.

Anywayyyyyssss, car written off and im sure the cow did not have to pay the excess nor at fault.

[Neale]

It could just as easily have been a kangaroo or wombat being at night on a country road.

Animals are hazards that you get on country roads & its the drivers responsibility not to hit them.

On the Cobb Highway in NSW they even have livestock grazing on the road & livestock have right of way.

[Express]

Originally Posted by ebxr8240

The farmer can only be responsable if he's been found to be neglegant at leaving gate open r not signing road when grassing or moving them..etc.. I think it's a case of sueing God... Good luck ... Billy Conolly

Ebxr8240 is on the money.

Like with almost any legal action proving intent plays a major part in any ruling.

This is lifted from the Queensland Law Society’s - Legal Guide For Primary Producers.

6.4 Straying animals

A primary producer has a duty to keep his or her livestock from trespassing on another’s
property. The term ‘livestock’ includes not only cattle, horses, donkeys, sheep, goats and
pigs but also includes fowls, ducks, geese and possibly tame deer. The expression does not
however extend to dogs and cats.

Stock owners may be liable for any damage caused by straying stock, including not only
physical damage (e.g. to crops) but also injury to other stock from infection, physical attack
or misbreeding.

Several defences may be available to a primary producer whose stock stray. A primary
producer will not be liable if the escape was due to the act of a third party for whom he or
she is not responsible e.g. when a stranger leaves a gate open or drives the owner’s cattle
onto another’s land, or where an ‘Act of God’ caused the stock to stray, e.g. a storm blowing
down a gate or a flash of lightning causing cattle to stampede. Another defence is available
where the damage was due to the plaintiff’s own fault. However, the law does not impose
an obligation on a landholder to fence his or her land to keep another person’s cattle from
straying onto it.

A landowner will not be liable for any damage caused to the user of an adjoining public road
by the landowner’s stock straying onto the road unless the owner has knowledge of a vicious
or mischievous propensity in the animal to stray.

Hitting a stock animal is no different to hitting a kangaroo.

It can happen.

As those in the bush will tell you, slow down at night or anywhere your sight distance is impaired as animals on roadways are a part of country life.

[LTDHO]

Originally Posted by CoupeKing

Yeah but it wasn't a Wombat..he hit COWS. People hit NATIVE wildlife all the time. I'm assuming the cows got there from human error. So fine the driver, then slap the same fine on the owner and times it by 5.

I'd say you assumption is wrong.

Originally Posted by xtremerus

If that was in NSW, the cars Insurance Co. would be retrieving damages from the farmer.
That's if the carcase still had its ear-tag and brand left on by morning.
Get my drift.

How do you know this?

[b0son]

Originally Posted by Neale

On the Cobb Highway in NSW they even have livestock grazing on the road & livestock have right of way.

The farmers are required to display signage IIRC when they have the stock on the road. It's not a get out of jail free card for farmers to not maintain fences etc.

It's 2015. We have al sorts of crazy OHS requirements to make sure work is done safely both WRT employees and the general public, it would be remiss if we didn't require the same of farmers.

[b0son]

Originally Posted by Express

Like with almost any legal action proving intent plays a major part in any ruling.

or demonstrating neglect. an unmaintained fence or open gate would qualify, surely?

[Smoke Pursuit]

God theres a lot of keyboard heros in this thread. Not driving to the conditions? You can see another car further around the bend with its lights on, perhaps he didnt want to dazzle them as per why he didnt have his high beam on.

I wonder how many of you would pull up and call the local police if you seen cattle on the side of the road?

The driver reported that a gate was left opened as per why the animals were on the road. Does that still make him negligent? Half you heros probably haven't left suburbia let alone driven on a dark country highway at night.

Heres a video of a truck who hit one last year with his high beam on.

https://www.youtube.com/watch?v=x0dmjRO8ZsQ

[Express]

Originally Posted by b0son

or demonstrating neglect. an unmaintained fence or open gate would qualify, surely?

I’m not a lawyer so your opinion is as valid as mine and even more so if you do have a background in law.

What I will say from years of reading court rulings in all manner of cases that proving neglect isn’t as easy or cut and dry as some people may think.

In fact from a layman’s stance it sometimes appears ridiculously difficult.

What would be interesting is to know how the vehicle insurer approaches it, that will tell you not only who may be legally at fault but also if it’s worth trying to prove it in court.

I’ve known plenty of people over the years who have stock on the road and for the life of me I’ve never heard or asked who was responsible.

It’s just usually an insurance claim.

[Vesper Martini]

Ill say it again those dash cams, will only have near sighted vision in the dark. the driver will be able to see much further.
An object in the road (especially the size of a cow) doesn't just appear in front of you like those clips suggest.

[Smoke Pursuit]

Originally Posted by Bevsta007

Ill say it again those dash cams, will only have near sighted vision in the dark. the driver will be able to see much further.
An object in the road (especially the size of a cow) doesn't just appear in front of you like those clips suggest.

Wrong... If its black you wont see it till your nearly on top of it.

[b0son]

Originally Posted by Smoke Pursuit

Wrong... If its black you wont see it till your nearly on top of it.

Depends on the camera, but most have relatively poor low-light sensitivity. The clip is by no means a true reflection of what the driver could see... of course, far too many people drive around with poorly adjusted headlights, little wonder they cant avoid obstacles on low beam.

[LTDHO]

Originally Posted by Smoke Pursuit

God theres a lot of keyboard heros in this thread. Not driving to the conditions? You can see another car further around the bend with its lights on, perhaps he didnt want to dazzle them as per why he didnt have his high beam on.

I wonder how many of you would pull up and call the local police if you seen cattle on the side of the road?

The driver reported that a gate was left opened as per why the animals were on the road. Does that still make him negligent? Half you heros probably haven't left suburbia let alone driven on a dark country highway at night.

Heres a video of a truck who hit one last year with his high beam on.

https://www.youtube.com/watch?v=x0dmjRO8ZsQ

Are you from the country?

[Harrison]

The cow was obviously jaywalking.

[99AUXR]

Im sorry but there is some really incorrect info in here.

Average cars probably take what ~40 meters to stop at 100kmh and every 1 second of reaction time will add another 28 meters to the stopping distance. I remember speaking to one of the serious crash police guys that attend the fatalities down my way at the scene of a recent fatality and he said normal reaction times are 2-4 seconds.

Most lights on high beam will yield 100-120 meters of vision at night.

But hey we are arguing about something trivial glad the guy appears to be okay at then end of the day it could have been someone here as much as they think they could avoid it.

Originally Posted by Jack960

Technically he shouldn't get in trouble for this incident. It doesn't matter about how far the lights shine, as long as they meet the appropriate design standards.

His lights are illuminating the road for about 60m, if he is travelling at 100km/h thats roughly 30m/s, giving him 2 seconds to respond. Human reaction time is around 1 second (conservative for unsuspected event). He travels 30m in that time giving him 1 second to react, 2 at best.

He dimmed his lights because the other bloke was flashing him, I don't know about you but when someone flashes me at night I assume its because I didn't dim my lights, not because there is a heard of cows on the road when there shouldn't be. Even with high beam on it would have been pretty close.

Whoops saw your post after mine, Im glad someone else gets it. Damn what is this drive to the conditions, the whole of NZ is rural Im off to Christchurch tonight at 80km/h . Joking, this is why I have insurance.

Originally Posted by b0son

Only because there's greater duty of care expected for his wife.

Ouch Well played Sir.

[Vesper Martini]

Originally Posted by Smoke Pursuit

Wrong... If its black you wont see it till your nearly on top of it.

No you are wrong. the camera cant see it but the driver should. unless you have terrible headlights.

[GasoLane]

Originally Posted by Bevsta007

No you are wrong. the camera cant see it but the driver should. unless you have terrible headlights.

I'm afraid he's right, Black cows don't reflect light very well, in fact they're almost invisible even if standing near the edge of the road.

I hit about 4 one night just Nth of Moree (near MILO Station for anyone that knows the area) the Truck behind me got one and a car and caravan hit one about a half a K behind us.

A herd of about 150 had wandered from where they were supposed to be penned for the night and then decided that they wanted to cross the road.

Traffic was fairly busy for that part of the Hwy so everyone was on low beam, but even other Drivers didn't have time to get word out on the radio, unfortunately I just happened to be first in line

[Vesper Martini]

I appreciate a black cow is harder to see but those cams only pick them up with about 15-20 meters. if I only had that sort of vision I wouldn't be very comfortable driving at night on country roads.

I also appreciate in a truck you may not be able to pull up in time, and swerving would be a poor option.
but In a car it shouldn't be a problem.