Road traffic accidents involving animals – what to do, the law and your rights
Road traffic accidents involving animals are a pressing issue, particularly in rural areas where wildlife and livestock coexist with vehicles on the road. Here we look at what you should do if you’re involved in an accident, the law and your rights.
One of the main causes of these accidents is the unpredictable behaviour of animals. For example, horses may act erratically when scared and move unexpectedly into the road, and deer can suddenly cross roads in large numbers. Drivers often lack awareness of these possibilities, particularly in areas not marked with warning signs. Additionally, environmental factors, such as poor visibility during twilight or adverse weather conditions can increase the risk.
The consequences of accidents involving animals can be serious. Drivers and their passengers can sustain injuries in varying severity while the suffering of animals involved can go unnoticed. The economic impact is also significant, with costs related to medical treatment, vehicle repairs, and potential legal actions adding up quickly. There is also often an emotional effect on those involved in these accidents, particularly for those who witness or cause harm to an animal.
Types of animals that may be involved and reduction of risk
Many different animals can cause road traffic accidents. Some of the most common include:
- Horses: which are often ridden on roads or may escape and stray onto the carriageway. The British Horse Society claims road accidents involving horses are significantly underreported.
- Livestock: Agricultural animals like cows, sheep, pigs and goats, for example, may break out of their fields and barns and come into contact with road users.
- Domestic pets: Cats and dogs running into the road may pose a danger to drivers.
- Wild animals: Wild animals like deer, badgers, rabbits and foxes will often live in the hedgerows, fields and woodlands next to or close to roads, meaning they could easily stray into the road. This is especially prevalent during the breeding season in autumn and during dawn and dusk, which are their most active times.
- Birds: Although less common, large birds (like swans) can also cause accidents if they take flight near roadways.
To reduce these risks, public awareness campaigns can play a crucial role. Educating drivers about animal behaviour and safe driving practices can help reduce accidents. Additionally, enhancing road signage and considering road designs that prioritise animal crossings can significantly improve safety.
The law
Negligence
The owner of an animal is legally responsible for controlling the animal and preventing them from straying onto the road. If an animal causes an accident due to their owner’s negligence, the owner may be held liable for any resulting injuries.
As well as stressing the need for farmers to be responsible, this accountability underscores the importance of keeping pets secure and ensuring they are trained to avoid dangerous situations.
Animals Act 1971
Liability for animals is also covered by the Animals Act 1971. In the Animals Act, animals are classed as dangerous or non-dangerous species.
The owner of a dangerous animal is strictly liable for any damage caused by the animal, whether or not the owner was negligent. This is true whether the animal strayed onto the road, attacked a road user or if the vehicle it is being transported in causes a road traffic accident.
The criteria in the Animals Act relating to non-dangerous animals is known to be inherently complicated as there are numerous tests a case must pass to satisfy its criteria and make an animal owner statutorily liable. These tests are known as:
- The likelihood test: The likelihood the animal, if unrestrained, was to cause this damage, and if it did cause that damage, the damage would likely be severe.
- The characteristics test: Whether or not this damage was due to characteristics of the animal not usually seen in other animals of the same species (i.e. like another cow) or may only happen in certain situations.
- The knowledge test: Whether these characteristics were known to the keeper of the animal at the time.
There are a number of exceptions or defences that an animal owner can use to either prove they aren’t liable for the accident or reduce their liability for it, such as:
- The damage caused was wholly the fault of the person suffering it.
- The person who suffered the damages was aware of the risks and voluntarily accepted them.
- The damage was suffered by someone trespassing on the property, and the animal concerned wasn’t kept as a guard animal, or it being kept as a guard animal was reasonable and justified.
All keepers of dangerous wild animals are required under the Dangerous Wild Animals Act 1976 to be licensed by their local authority (the council) and to take out insurance against liability for damage to third parties.
Making a personal injury claim
If you have been involved in a road traffic accident involving an animal then it is important to take several important immediate steps:
- Seek medical attention
- Report the accident to the police
- Take photographs of the scene
- Obtain contact details for any witnesses
- Try to identify who, if anyone, owns the animal involved
Domestic pets and horses are likely to be microchipped which will help in identifying the owner. Livestock will be owned by someone, normally a farmer or local landowner, and should have a tag in their ear.
Deer are sometimes owned, if they are classed as livestock, and could be from a venison farm. They might have an ear tag which could help with identification of the owner. However, usually deer are considered to be wild animals unless otherwise determined.
If a wild animal was the cause of the collision, then unless they are owned, you are unlikely to be able to make a claim as there is no one to be held liable for their presence on the road.
If the cause of the traffic accident can be proven to be the clear liability of the animal’s owner, through their negligent action, and/or they fulfil the criteria under the Animals Act then you may be able to make a personal injury claim for compensation.
Compensation
If you are successful in making a claim you will receive compensation relating to the financial losses and expenses incurred and for your injuries.
Financial losses and expenses include loss of earnings you have suffered as a consequence of your injuries, travel expenses for attendance at hospital appointments, the cost of treatment relating to your injuries and paid or non-paid care and assistance you have required.
In addition a claim can be made for miscellaneous expenses incurred such as damage to clothing. Any financial losses you will incur in the future will also be included in your claim.
Damages paid to compensate for injuries suffered include physical and psychiatric injury and comprise an award for the pain, suffering and loss of amenity experienced as a result of your accident.
Time limits
If you have been injured in a road traffic accident involving an animal and want to make a claim for personal injury then you must do so within three years of the date of your accident.
Court proceedings must be issued ahead of this deadline in order to protect any right to compensation that you may have. Whilst there may be some exceptions to this rule, it is important to take legal advice as early as possible. Obtaining witness statements and accident-related documentation is always easier closer to the event than several years later, as memories can fade and documentation can be lost or destroyed.
What to do next
If you have been involved in an accident involving a horse or another animal that wasn’t your fault it is in your best interests to obtain legal advice from an appropriately qualified specialist solicitor who will be able to assess whether or not you are likely to be able to bring a successful personal injury claim.
