Driving through rural South Carolina, you might round a bend and find a cow standing in the road. It happens more than you’d think. Cows, horses, goats, and other livestock get loose and wander onto highways, and a full-grown cow can weigh over 1,000 pounds. A crash like that can total your car and cause serious injuries.
If it happens to you, two things help: knowing what the law says about loose livestock and knowing what to do right after the crash.
South Carolina Is a “Closed Range” State
The South used to be “open range,” where animals roamed free, and it was up to others to fence them out. Today, South Carolina follows the “stock law,” making it a “closed range” state. Under S.C. Code Section 47-7-110, it is against the law for an owner to let livestock roam onto public roads, whether on purpose or through carelessness. Keeping the animals off of public highways is the owner’s job, not the driver’s or the neighbors.
But the law does not expect owners to be perfect. An owner is not automatically to blame every time an animal gets out.
Is the Owner Automatically Responsible?
Many people assume that if a cow is in the road and you hit it, the owner must pay. That is not how it works here.
South Carolina courts have said S.C. Code Section 47-7-110 does not require owners to guarantee an animal will never escape. So, an owner is not automatically at fault just because their cow ended up in the road. To hold the owner responsible, you usually have to show they were careless, what the law calls “negligence.” The plain fact that the animal was loose and you hit it is not enough. You have to point to something the owner did wrong.
For example, an owner might be careless if they:
- Do not fence in their livestock at all.
- Fail to maintain fencing.
- Knew an area of fence was broken and did nothing about it.
- Had animals get out many times before and ignored the problem.
- Left a gate open or unlatched.
- Let a cattle guard fall apart.
- Failed to properly watch over their animals.
If the animal escaped even though the owner was careful, someone cut the fence, or a storm knocked it down, the owner may not be at fault at all. That is why these cases can be tricky and why gathering proof matters. In Reed v Clark, the South Carolina Supreme Court established a few of these factors in settled case law by finding that they constituted sufficient evidence of negligence on behalf of the cattle owner. Pointing out that a weak fence in a risky spot, known prior escapes, and prior un-restrained grazing constituted evidence that the livestock owner “negligently failed to maintain a reasonably adequate pasture fence.”
What to Do If You Hit Livestock
- Get to safety. Get your vehicle out of the roadway if you can and turn on your hazard lights. Watch for the animal, which may be hurt and dangerous.
- Check for injuries and call 911 if anyone is hurt.
- Call the police. A report creates an official record that can matter a lot later.
- Do not approach the animal. A large, injured animal can kick or bolt. Keep your distance.
- Take photos. Get your car, the animal, the road, and any nearby broken fence or open gate. Fences get fixed fast, so photos taken right away are valuable.
- Find the owner and witnesses. An ear tag or brand can help identify the owner. Get contact info for anyone who saw it happen.
- Report it to your insurance. Stick to the facts.
Your Own Driving Matters Too
South Carolina uses a “shared fault” rule, so a court can also look at whether you were partly to blame. If you were speeding or distracted, the money you can recover may be reduced or lost. This doesn’t mean the crash was your fault, but being able to show you drove carefully helps. In Oconee Roller Mills v. Spitzer, the South Carolina Court of Appeals established that the negligence of your driving is a matter for the jury. Don’t let your own potentially contributing negligence prevent you from consulting an attorney about your accident, as you may still be entitled to compensation.
Will Insurance Cover the Damage?
Hitting an animal is usually covered under the “comprehensive” part of your policy, not “collision.” If you carry comprehensive, your own insurer will typically pay for repairs / the loss of your vehicle after you pay your deductible. However, comprehensive does not cover bodily injury, only property damage. The owner’s commercial farm insurance or homeowners’ insurance typically has coverage for damages caused by cattle, including bodily injury.
When to Talk to a Lawyer
If you sustained major injuries due to hitting a cow, horse, or other livestock animal, you should call an attorney right away. Determining the owner is an important, and sometimes tricky first step. After you identify the owner, you must gather evidence he was careless, which requires investigation. A lawyer can gather evidence, such as past escapes or a poorly maintained fence, through the use of private investigators and farm / cattle experts. They will also identify possible liability insurance and place them on notice of your claim. Act quickly, since a broken fence is often repaired before anyone documents it, and sometimes the animals disappear and it can be difficult to prove whose animal it was if there are several farms in an area.
Frequently Asked Questions
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Is a livestock owner liable for damages when their animal wanders onto the interstate?
South Carolina is a closed range state under the “stock law.” That means livestock owners are legally required to keep their animals off public roads, and it’s not up to drivers or neighbors to fence animals out. If an owner lets livestock wander onto a highway through carelessness, they can be held responsible for the resulting damage.
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Who pays if I hit a cow in South Carolina?
It depends on fault. The owner isn’t automatically responsible just because their animal got loose — you have to show they were careless, such as failing to maintain a fence or ignoring past escapes. If you carry comprehensive coverage, your own insurer will typically pay for vehicle damage after your deductible, but comprehensive doesn’t cover injuries. For bodily injury, you’d need to pursue a claim against the owner’s liability insurance, which is why identifying the owner and gathering evidence quickly matters.
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What if I was speeding or distracted when I hit the animal?
Your own driving can factor into the case. If you were speeding, distracted, or worse, under the influence of alcohol or drugs, the compensation you can recover may be reduced as much as to zero. But that doesn’t mean you have no claim — even drivers who share some fault can still recover damages, so it’s worth talking to an attorney before assuming you’re out of luck.
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How do I find out who owns the animal that caused the crash?
Look for an ear tag or brand on the animal, and check for nearby farms, gates, or fencing that might identify the property it came from. Witnesses who saw the animal beforehand can also help. This step often needs to happen quickly, since broken fences get repaired fast and animals can be moved, which is why a lawyer will sometimes bring in an investigator to track down ownership before evidence disappears.
Final Thoughts
Hitting livestock in South Carolina can be frightening and extremely dangerous. Remember: the owner is not automatically at fault; you have to show they were careless, which requires evidence. Having an experienced lawyer on your side will assist you in gathering necessary evidence and building your case. Call Fuller Law today at 843-994-6610 for a free consultation to discuss your case.
