Texas Stock Laws: Who is Liable for Auto Accidents Caused by Loose Livestock in Texas?

Determining liability in Texas livestock accidents is highly complex. In “fence out” counties and on state and federal highways in “open range” counties, Texas law stipulates that the owner of livestock can be held accountable if you can prove their negligence led to the animal being on a roadway and causing an auto accident.

Texas’s “open range” or “fence out” laws contribute to this complexity, and date back as far as Clarendon Land, Investment & Agency Co. v. McClelland, 23 S.W. 576 (1893). The Texas livestock accident laws vary by counties – and sometimes within county by precinct – as well as by the type of livestock. Texas livestock accident laws state certain livestock can roam free, and some livestock is the responsibility of landowners to keep livestock off roadways by constructing and maintaining fences and other enclosures.

Identifying the liable party for a Texas livestock accident often requires understanding specific county laws, and a comprehensive investigation into the circumstances leading up to the accident.

Texas Livestock Laws

The history of livestock laws in Texas is deeply rooted in the state’s agricultural past, dating back to when Texas was predominantly open range land. The original “open range” laws were enacted during a time when vast herds of cattle roamed freely, and it was impractical for ranchers to enclose their livestock.

This law has evolved over time, with various amendments and modifications to adapt to the changing landscape and increasing automobile traffic. However, in many rural counties, vestiges of these old laws remain, contributing to the complexity of determining liability in collisions with loose livestock.

Most defenses state that Texas operates under the “open range” principle, implying that ranchers aren’t legally obligated to prevent their livestock from wandering onto the roads. While this is sometimes true, it doesn’t provide ranchers with complete immunity from liability. Certain conditions must be present for livestock owners to be held accountable following a collision. Specifically, there are two primary exceptions to the open range regulation which may apply depending on the location of the collision:

1. Stock laws, and
2. State and federal highway exclusions.

Stock Laws

Stock laws require livestock owners to responsibly secure their animals, and are an important exception to the open range principle in Texas granted under Chapter 143 of the Texas Agriculture Code. The Texas Agriculture Code permits the enactment of stock laws that govern the regulation of various animals, such as cattle or domestic turkeys (Sections 143.071 – 143.082); hogs (Sections 143.051 – 143.056); and, horses, mules, jacks, jennets, donkeys, hogs, sheep, or goats (Sections 143.021 – 143.034).

These laws are are more typical in urban areas and the surrounding counties. Further, they are enacted on a county-by-county basis, and sometimes vary by precinct within a country (e.g., Bee, Gray, and Mills counties).

When a county or precinct adopts a stock law, it effectively becomes “closed range”. This means that in these jurisdictions, livestock owners are legally obligated to prevent their animals from wandering onto public roads.

When a collision with loose livestock occurs in a county or precinct where a stock law has been enacted, the livestock owner can be held liable for damages caused by the Texas livestock accident. However, it still must be demonstrated that the owner was negligent, permitted their livestock to roam free (or did not prevent it), and that the livestock is of a type covered by the stock law (e.g., cattle, horses, goats).

If you are unsure whether a stock law is in place in the county where your Texas livestock accident occurred, you can contact the county clerk or sheriff’s office. If they do not automatically know, they can search election records to determine if a stock option election to “close the range” has occurred. However, many of those elections were held between 1910 and 1930, so research the status of the stock laws may take time.

State and Federal Highways

The second major exception to the open range principle in Texas pertains to state and federal highways. Regardless of whether a county operates under open range or closed range laws, livestock owners are required to prevent their animals from wandering onto state and federal highways. This requirement is set out in the Chapter 143 of the Texas Agriculture Code, Subchapter E, and serves to mitigate the risk of severe Texas livestock accidents on these high-traffic roads.

If a collision with livestock occurs on a state or federal highway, the livestock owner may be held liable for any resultant damages, regardless of the county’s stock law status. However, the statute excludes numbered farm-to-market roads from the definition of “highway”. Further, the types of livestock covered under this code are limited to the following: horse, mule, donkey, cow, bull, steer, hog, sheep, or goat.

Thus, it is critical to accurately identify the livestock type and jurisdiction of the road on which a Texas livestock accident occurs. These two facts of the crash significantly influences the determination of liability in Texas livestock accident involving motor vehicles.

Who is Liable for a Texas Livestock Accident Involving a Motor Vehicle?

In Texas livestock accidents, responsibility is determined by several factors, including the specific location of the accident, the type of roadway, the livestock involved, and the relevant county, precinct, or state laws in place.

If a crash occurs in a county that has active stock laws, the livestock owner can be held responsible, provided it can be proven that they failed to adequately secure their animals. On the other hand, if the Texas livestock accident happens on a state or federal highway, the livestock owner may be held liable for damages, irrespective of the county’s stock law status.

However, the burden of proof lies with the person seeking damages. The injured party and their attorney must demonstrate that the livestock owner was negligent in their duty to prevent the animals from wandering onto the road and ultimately causing the Texas livestock accident.

Open Range Texas Counties Without Stock Laws

Some of the largest Texas counties (by land area) that operate under the “open range” principle include Hudspeth, Presidio, Culberson, Webb, Val Verde, Reeves, Edwards, Duval, and Uvalde. In these counties, the historical “open range” law still applies, meaning livestock owners are not automatically held liable if their animals are found wandering onto public roads and cause an accident.

However, even in these “open range” counties, livestock owners can still be held accountable under specific circumstances, such as when the collision occurs on a state or federal highway. It is crucial to be aware of the local laws when driving through these regions to better understand the protocol in the event of a collision with loose livestock.

Closed Range (Fence Out) Texas Counties With Stock Laws

Examples of Texas counties that have enacted stock laws include Brewster, Crockett, Terrell, Harris, Tom Green, Dallam, Gaines, and Bexar. In these counties, legislation requires livestock owners to take precautions to prevent specific types of their animals from wandering onto public roads.

For example, in Bexar County – a high animal-vehicle collision county – the stock law prevents the following animals from roaming free: horses, mules, jacks, jennets, cattle, hogs, sheep, and goats. Failure to secure these animals can result in the livestock owner being held liable for any accidents caused by these types of loose livestock.

This “closed range” principle represents a shift from the traditional “open range” concept, emphasizing the importance of careful livestock management and safety on the roads. Therefore, when you’re driving in these counties, the owners are more directly accountable for the containment of their livestock, reducing the risk of a Texas livestock accident.

Texas Stock Laws by County: List of Open Range and Closed Range Counties

Below is a reference table summarizing the stock laws for most Texas counties. However, these laws are subject to change as new legislation is presented. This table serves as a general guide and should not be relied upon as legal advice. Always consult with a legal advisor for the most current, accurate information regarding livestock laws in your specific county.

Proving Negligence in Texas Livestock Accidents

To establish negligence in Texas livestock accident cases, the person seeking damages must prove the following four elements:

1. Duty of Care:  The livestock owner had a responsibility to prevent their livestock from causing harm. This duty often stems from local stock laws or general statutes that require livestock to be properly secured.
2. Breach of Duty:  The livestock owner failed to meet this duty of care, such as by not adequately securing their livestock which, as a result, wandered onto the roadway.
3. Causation:  The breach of duty (livestock being loose) directly led to the auto accident.
4. Damages:  The plaintiff suffered actual harm as a result of the collision with the loose livestock, such as physical injury, property damage, or emotional distress.

To prove negligence in Texas livestock accident cases, it’s critical to gather as much evidence as possible to establish that the livestock owner failed to exercise their duty of care. Photos of the accident scene, witness statements, police reports, and any other documentation that illustrates how the livestock came to be on the roadway can be very valuable in these situations.

• Broken Fence:  Suppose an accident occurred due to a broken fence that the owner failed to repair, leading to the livestock wandering onto the road. In this case, photos of the broken fence, coupled with the timing of the accident, could provide evidence of the owner’s negligence.
• Open Gate:  If a witness saw the livestock wander onto the road through an open gate the owner left unattended, their testimony could be pivotal in establishing negligence. Similarly, if a police report notes that the livestock owner was aware of their animals’ tendencies to escape but did nothing to prevent it, this could also bolster a case for negligence.
• Prior Escapes:  If there’s a documented history of the livestock repeatedly escaping and wandering onto the road, it could provide evidence of the owner’s negligence. Records of previous incidents, neighbor complaints, or even social media posts can serve as proof that the owner failed to take appropriate action despite being aware of the risk their animals posed to motorists. Proving that the livestock owner ignored a recurring problem can strengthen a case significantly, helping to establish a pattern of negligence and disregard for public safety.

Proving negligence in Texas livestock accident cases requires comprehensive documentation and evidence. We recommend consulting with a knowledgeable attorney experienced in livestock accident cases to navigate the complexities of the law and achieve the best possible outcome.

What Happens if My Collision Was With a Wild Animal?

If your collision involves a wild animal rather than escaped livestock, the dynamics of responsibility and liability change significantly. Typically, wild animals are considered an “act of God,” with nobody held directly responsible for their presence on the road. In such cases, you cannot hold any party liable for the accident, as the law views wild animals are unpredictable and beyond human control.

Review your auto insurance policy to understand the extent of coverage in these situations, such as if you hit a deer with your car. Comprehensive insurance usually covers damage from accidents with wild animals, but it’s always best to confirm with your insurance provider.

Contact Our Texas Livestock Accident Lawyers if You Were Injured in a Crash With Escaped Livestock

If you or a loved one have been injured in a Texas livestock accident, you may have rights and legal recourse. Thompson Law is experienced in handling Texas livestock accident cases, and may be able to help if the law is in your favor.

Our Texas livestock accident lawyers strive to ensure our clients receive the compensation they deserve. Whether the accident occurred in an “open range” or a “closed range” county, understanding the nuances of Texas state and county laws is critical.

Our dedicated Texas livestock accident lawyers are ready to provide the expert guidance and legal representation you need in these challenging times. Contact us today for a FREE CONSULTATION.