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Old 10-11-2015, 02:25 PM   #1
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Rider hit a cow on Grand Pkwy

Sorry if this is a repost:

http://www.chron.com/news/houston-te...st-6564811.php
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Old 10-11-2015, 02:26 PM   #2
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Old 10-11-2015, 02:28 PM   #3
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I saw a warning on facebook about a cow loose on 529 about 12 hours before this happened. . Looks like a R1
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Old 10-11-2015, 03:35 PM   #4
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Old 10-11-2015, 03:53 PM   #5
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That's a gsxr
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Old 10-11-2015, 06:36 PM   #6
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Quote:
Originally Posted by bryan954 View Post
I saw a warning on facebook about a cow loose on 529 about 12 hours before this happened. . Looks like a R1

12 hours?!?! If it was out there that long, its hard to believe that no one called it in to the sheriff's office. i wonder if it was called in and no one responded.
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Old 10-11-2015, 06:45 PM   #7
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Old 10-11-2015, 08:42 PM   #8
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Think I just seen a news report on TV the rider was a off duty Houston Police Officer
he is also a twin brother....RIP rider
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Old 10-11-2015, 09:35 PM   #9
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Old 10-11-2015, 10:56 PM   #10
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That's a gsxr
My bad, you're right. I saw a different pic with yamaha in the title before I posted this link.

I mean ..I don't ride at night anymore because of my own drunks and animal encounters at night, but wtf, a cow on grand pkwy???

RIP
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Old 10-12-2015, 05:12 AM   #11
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Quote:
Originally Posted by bryan954 View Post
but wtf, a cow on grand pkwy???

RIP
He was on the toll section near 529 which surrounded by pasture land

http://abc13.com/news/hpd-off-duty-o...g-cow/1027579/
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Old 10-12-2015, 08:05 AM   #12
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Old 10-12-2015, 08:10 AM   #13
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Old 10-12-2015, 08:34 AM   #14
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Quote:
Originally Posted by BuckNut View Post
If the cow got through a open fence, I'm surprised it was the only one. Wonder how much liability the farmer will have in all this?
Total liability, it's his responsibility to keep his livestock on his property, even if it jumped or broke through a fence. It's not any different than if a dog escapes from a yard and bites someone.
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Old 10-12-2015, 08:36 AM   #15
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Old 10-12-2015, 08:37 AM   #16
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I'm sure insurance will take care of it.
Yup, that's the point of having it.
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Old 10-12-2015, 09:30 AM   #17
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Quote:
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Total liability, it's his responsibility to keep his livestock on his property, even if it jumped or broke through a fence. It's not any different than if a dog escapes from a yard and bites someone.
I think there IS a difference and liability, if any, is based on several things.
Texas is generally regarded as an "Open Range" state and the responsibility of a livestock owner is pretty limited.
Unless the accident is along a State or Federal highway ot the county where the accident occurs has passed it's own restrictions, the livestaock owner is not liable if his animals wander freely, even onto a highway.
I don't know what type of highway the Grand Parkway is, I would guess State, or what county restictions may have been enacted. So there may be liability on the livestock owners part, but maybe not....
Is there proof the livestock owner "knowingly" allowed the animals to get out.

It's pretty amazing the power of the cattle industry and it's influenece on Texas law.

Copied from the interwebz...
Quote:
Probably the best summary regarding livestock owner
liability was recently published by the State Bar of
Texas in a 2010 article entitled, “AGRICULTURAL
LAW: WHERE'S THE BEEF?: LEGAL ISSUES IN
THE TEXAS CATTLE INDUSTRY”, by authors Davis
LeBas and John Huffaker. LeBas and Huffaker, both
former chairs of the State Bar Agriculture Law
Committee, wrote they believe the following
situations would be resolved in the following ways:
1. Accident occurs in an "open range" county
on a U.S. or state highway. The party that
controls the livestock or the real estate may
be held liable if the party "knowingly"
permitted the cattle to get on the roadway.
2. Accident occurs in a county that has adopted
a stock law on a U.S. or state highway. The
party that controls the livestock or the real
estate may be held liable if the party
"knowingly" permitted the cattle to get on the
highway.
3. Accident occurs in an "open range" county on
a farm-to-market road or smaller roadway.
The party that controls the livestock or the
real estate has no duty to prevent livestock
from entering the roadway by their natural
behavior.
4. Accident occurs in a county that has adopted
a stock law on a farm to-market or smaller
roadway. The party that controls the livestock
or the real estate may be held liable if the
party "negligently" permitted the cattle to get
on the highway.31
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Old 10-12-2015, 09:32 AM   #18
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Quote:
Originally Posted by bumblebee View Post
I think there IS a difference and liability, if any, is based on several things.
Texas is generally regarded as an "Open Range" state and the responsibility of a livestock owner is pretty limited.
Unless the accident is along a State or Federal highway ot the county where the accident occurs has passed it's own restrictions, the livestaock owner is not liable if his animals wander freely, even onto a highway.
I don't know what type of highway the Grand Parkway is, I would guess State, or what county restictions may have been enacted. So there may be liability on the livestock owners part, but maybe not....
Is there proof the livestock owner "knowingly" allowed the animals to get out.

It's pretty amazing the power of the cattle industry and it's influenece on Texas law.

Copied from the interwebz...
TxDot maintains that section of 99
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Old 10-12-2015, 09:35 AM   #19
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Quote:
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TxDot maintains that section of 99
Then it's likely a State Highway and section 1 would be in effect...

Quote:
1. Accident occurs in an "open range" county
on a U.S. or state highway. The party that
controls the livestock or the real estate may
be held liable if the party "knowingly"
permitted the cattle to get on the roadway.
So now the riders reps will have to show the livestock owner "Knowingly" allowed the animals to roam free to establish liability.
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Old 10-12-2015, 09:57 AM   #20
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Quote:
Originally Posted by bumblebee View Post
Then it's likely a State Highway and section 1 would be in effect...


So now the riders reps will have to show the livestock owner "Knowingly" allowed the animals to roam free to establish liability.
Unless the county has livestock laws and an attorney can prove that the enclosure wasn't maintained or suitable
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