Audacia Abogados

Who is responsible for animal abuse?

What happens if you hit an animal on the road?

Civil Law
Who is responsible for animal abuse?

Hit by game animals

The animals that are hunted and can be separated into big game and small game taking into account the size of the animal. Therefore, we are talking about animals such as deer, wild boar, rabbit or fox.

The responsibility for running over these living beings is regularized in the traffic law, where it is attributed to the driver of the vehicle, without being able to claim the value of the animal that breaks the road.

But, some assumptions are established in which, instead of the driver, the responsibility is transferred to a third party:

-To the owner of the hunting use (usually, the hunter) or, failing that, the owner of the land when the accident is caused by the collective hunting of a species of big game on the same day or twelve hours before the accident.

- To the owner of the public road where the accident originated if it was caused by not having recomposed the fence within the deadline or by not having placed the signaling of loose animals in sections with a high accident rate.

In order to determine the origin of the animal that caused the accident, the police report is especially significant.

Pet run over

In the case of the running over of domestic animals, and unless the fault of the driver of the vehicle is proven, the responsibility lies with the owner of the animal, who must have it under control at all times. It is vital that the animal can be identified by means of a microchip or tattoo that can hold its owner responsible.

How to avoid accidents and what to do if you are involved in one

In order to avoid this type of mishap you have to respect the speed limits of the road and the signs. When you come across a sign of possible animal intrusion, you have to moderate your speed and be extremely vigilant on the sides of the road you are traveling on.

Usually, the evasive maneuvers to surround the animal usually end in road exits or accidents with the injured vehicle occupants. Taking safe driving courses helps to better master this type of situation and avoid the accident or minimize its aftermath.

If you are involved in an accident of this type, you have to place the vehicle where it causes the least obstacle to traffic and, apart from turning on the emergency light and the position lights, until safety is restored on the road, you must use the regulatory hazard warning devices. When leaving the vehicle you have to put on the reflective vest.

In case of injuries, you have to contact the emergency services at 112 and the authorities, in case it is convenient to report and remove the run over animal from the road.

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Civil Law

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