My "I Hit a Cow" Story, Part III: Who's Liable?

In the last week, each time I tell my "I hit a cow" story, invariably, people will ask me about my car and my insurance and who's liable for what, etc. etc.

As a recent anonymous commenter wrote, I was, indeed, driving in "open range" territory. [SIDE NOTE for 'Anonymous' from Colorado: Yes, lucky we were! I'd heard too about the very unfortunate older couple who had hit a cow, driving their Harley, and how terribly awful their experience was. I also heard there was another cow struck last week, before I hit mine, and that it happened on that very same road I was on, involving the same rancher's cattle, although I don't know the details with certainty. In dealing with the Sherriff's office after my accident, however, at no point did anyone warn nor tell me that I'd be liable for the cow. In fact, I was told more conflicting information, that because both sides of that hwy road are fenced, and that particular area may also be a 'herd district,' the owner of the cow is potentially liable because he had not maintained his fence line - ?!? - Either way, anyone would have to agree it's irrefutable that had the damn [other explitives removed] fence line been closed properly, there would never have been any cows on the road to hit. Am I liable for killing the cow? or anything at all? If I'm not liable, what about the rancher for not maintaining his fence? I dunno. Indeed, interesting points to ponder... END OF NOTE]

For those of you who are unfamiliar with the meaning of "open range," here's the Idaho state provision for your reading pleasure:

TITLE 25 ANIMALS, CHAPTER 21 ANIMALS RUNNING AT LARGE,

25-2118: ANIMALS ON OPEN RANGE -

- NO DUTY TO KEEP FROM HIGHWAY.

No person owning, or controlling the possession of, any domestic animal running on open range, shall have the duty to keep such animal off any highway on such range, and shall not be liable for damage to any vehicle or for injury to any person riding therein, caused by a collision between the vehicle and the animal. "Open range" means all uninclosed lands outside of cities, villages and herd districts, upon which cattle by custom, license, lease, or permit, are grazedor permitted to roam.

So yeah, how about that? Given free license to let 'em roam anywhere...

There are many issues of debate when it comes to no-duty open range laws.

Taken from a newspaper article published in 2003 in the Billings Gazette:

..."I guess the question for the 21st century is, should a black
cow at midnight have more right to a highway than a person?"
asked Andy Kerr, director of the National Public Lands
Grazing Campaign,which is trying to get Congress to pay
ranchers to give up federal grazing permits.

"These laws have been on the books since before Henry Ford
invented the automobile. How fast could you go in a horse
and buggy? The law hasn't kept up with reality.
Open-range laws may have made sense in the 1800s,
but they don't make a lot of sense today," said Kerr.

Why should drivers be punished for lawful travel on a public road?

What do you think?

If you're possibly interested in knowing more, the National Public Lands Grazing Campaign website is uber loaded with info right here. And here's an article from High Country News.