My question involves an injury that occurred in the: Great State of Texas
I drive a tractor trailer (18 wheeler) for a living. I hit two cows that were on a Texas State Highway. The county in which the accident occured does not allow free range cattle, and even if it did, state law prohibits cattle from being on a State of U.S. Highway. As a result of hitting the two cows, the truck that I was driving left the roadway and crashed into a ditch. I know who the cattle owner is, and I know how the cattle came to be at large. The cattle owner used a chain and clip such as the one seen below on another of his gates, which failed to keep the cattle contained. See the actual broken clip in the other picture.
As I understand it, Texas law allows me to recover damages only if the livestock owner was aware that the cattle were at large, -OR- they were habitually at large -OR- the livestock owner was negligent in his attemtps to contain his livestock.
I may be a bit biased here, but I find it neither reasonable nor prudent to assume that the chain or clip is sufficent to contain a herd of cattle.
I was injured as a result of this accident and was off of work for 8 weeks. I want seek a small claims judgement for lost wages only in the sum of about $9500.00. I am not interested in any other damages.
Before I go and try to sell that to a Justice of the Peace in small claims court, I was curious to see if I was the only one that thought that it was not reasonable nor prudent to assume that the chain or clip is sufficent to contain a herd of cattle.
Any other opinions, thoughts or facts are welcome as well. Thanks!