Semi V. Cow on Highway 12 in Mobridge

Semi v. Cow


MOBRIDGE, SD (DRG News) - November and December are months that travelers have to keep an extra watchful eye out on the roads as these two months are typically the mating season for whitetail and mule deer, along with the extra aggravation from the deer hunting seasons around the state. This doesn’t mean that drivers shouldn’t be on the lookout for other animals as well. Last night, a South Dakota Truck driver learned that the hard way as he collided with a cow a couple miles east of Mobridge.  The Truck was hauling a Runnings trailer west bound on highway 12 when he collided with the animal.  There were no injuries to report but the collision did cause close to $15,000 worth of damage. The question comes up, in such a situation, who is held liable? In many agricultural states in America, the owner of the livestock can be held liable only if the animal is “Running at Large.”  According to South Dakota Law 40-28-3, running at large is defined as “intentionally” left outside of the enclosure of a legal fence, and off of the lands owned or controlled by the owner of such an animal.  Walworth County Sheriff Duane Moore says that no fault was found in this situation as in order to determine if the livestock owner is at fault, the livestock owner needs to have multiple reports on habitually allowing livestock to stay outside of their intended enclosure.  In this case, there are no such reports.

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