Motorcycle Strikes Deer, 1 Dead, 1 Injured
A woman died in a motorcycle accident after colliding with a deer in Ellsworth, Wisconsin. The woman was riding with her husband, who sustained only minor injuries. Investigation is pending to determine if the animal actually collided with the motorcycle and caused the accident, or if human error was to blame.
According to the Corpus Juris Secundum (CJS), a source compiling the current law from several jurisdictions, when a motor vehicle accident is caused by an animal and injuries result to the vehicle or the vehicle's occupants, courts first examine if the animal was domesticated, owned, or wild.
If the animal has an owner, the owner has a duty to care for the animal in a reasonable way and may be liable for injuries resulting from collisions with their animal. Such liability me be determined if the owner is found negligent in permitting the animal to be on or near roadways.
When dealing with wild animals, because public highways and roadways are maintained primarily by government functions, a state may be liable. However, liability generally relies on whether or not the state has provided adequate protection for roadways, including suitable guards, railings or fences to prevent wild animal access. Even if such protection is not provided, the state is not automatically liable; liability is simply questionable in such circumstances and the state may be considered in determining fault.
Generally, animals are not a major cause of motorcycle accidents. Most often other motorized vehicles are involved and motorcyclists are often not at fault.
In the unfortunate event that you are involved in a motorcycle accident, I am happy to discuss your case with you and answer any questions you may have. If requested, I will immediately begin taking action on your behalf.
The call and consultation are free. I can be reached 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). Call me personally and I will answer all the questions and concerns you may have. There is no fee unless we recover for you.
If you don't want to call or you can't call, you can email me at john@pagecagle.com. I look forward to speaking with you and helping you through these trying times. You can also visit my website, www.MotorcycleInjuryLawGroup.com for more information.
