Author:
Olga Galindo
Have you had a road accident caused by an animal? What should I do?
Imagine you are driving on a secondary road on a quiet evening. Visibility is good and you are maintaining an appropriate speed. Suddenly, a wild boar bursts onto the road. You don’t have time to react and, without being able to avoid it, you collide with the animal. The vehicle spins out of control and you end up in the ditch. You’re scared to death, but fortunately you’re all right. However, an inevitable question arises: what do I do now?
First moments after the accident: Calm down and control the situation!
The first step in any accident, especially one caused by an animal intrusion, is to remain calm and make sure no one is injured. If there are serious injuries, the most important thing to do is to call the emergency services immediately. However, in many cases, the most visible consequences are usually property damage.
Once you are sure you are out of danger, if it is safe to do so, the ideal is to move the car to a place where it will not interfere with traffic. If the animal is still on the road and poses a risk to other drivers, properly mark the area with emergency triangles to avoid further accidents.
Who is responsible for this disaster? Are you covered by your insurance?
Now comes the real uncertainty, who is responsible? Someone should be liable for the damages, this is where the situation becomes confusing for most drivers.
An accident caused by an animal raises many legal questions that do not always have simple answers. The first thing you should know is that liability for these accidents can vary depending on a number of factors: is it a domestic or wild animal? Did the accident occur on a secondary road or a highway? Does the animal have an owner? Each scenario opens up a number of legal possibilities.
In the event of an accident involving domestic animals such as dogs or horses, the Spanish Civil Code is clear, the owner of the animal, or the person who makes use of it, is liable for the damages caused. This means that, if a dog breaks into the road and causes an accident, its owner will be liable for the damages caused. However, the owner may try to exonerate himself by claiming force majeure, such as that the animal escaped during an attempted robbery, although these circumstances are often difficult to prove.
When it comes to wild animals, such as wild boar or roe deer, the picture changes. On secondary roads, if there is no identified owner, drivers and their insurers are usually responsible for covering the damage. In this case, it is key to check the insurance policy, as some include specific coverage for accidents with wild animals.
What happens if the accident has taken place on a highway or freeway? The situation changes drastically when the accident occurs on a highway or freeway. In these cases, the road concessionaire has the obligation to ensure the safety of users. If it has not taken the necessary measures, such as adequately fencing off the road or properly marking animal crossing areas, it can be held liable for the damage caused by an animal entering the roadway.
This does not mean that the concessionaire is automatically liable. If the animal has an owner, there may be shared liability between the owner and the concessionaire, depending on the circumstances of the accident.
How is my insurance? Check the coverages of your policy
After an accident, you will most likely wonder if your insurance covers the damages. Many insurers offer coverage for accidents caused by animals, but it is crucial to check the conditions of your policy. Not all include wild animals, and, in some cases, coverage may be limited to certain property damage or specific situations.
If the animal has an identified owner, your insurer may try to claim damages from the owner. However, if the owner is unknown, as in the case of many wild animals, the damages may fall entirely on you and your insurance.
What steps should I take if I have an accident with an animal on the road?
If you have an accident with an animal on the road, there are several steps you should take to ensure that everything is handled correctly from a legal standpoint.
- Document the scene, take photos of the accident scene, the animal, the damage to your vehicle, and any signage or fencing that may be relevant.
- Inform the Authorities. In most cases it is important that the Guardia Civil or Local Police draw up a report, especially if the accident has been caused by a wild animal
- Contact your insurer, notify your insurance company as soon as possible and provide all the details requested.
- Consult with an attorney, if you have questions about who should be held liable or if you are facing problems with your insurer, a car accident attorney can help you navigate the legal complexities.
Conclusion
Each accident with an animal on the road must be analyzed individually and may have different legal consequences. Whether it is a domestic or wild animal, understanding your rights and obligations as a driver is key. If you ever find yourself in this unfortunate situation, it is important that you have legal counsel to protect your interests.
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