chefdennis
Veteran Expediter
cows aren't not pets, they are a business asset to the farmer...kill one and you can be legally indebted to the farmer...
How is your week?
- Thread starter paullud
- Start date
cows aren't not pets,
I understand that much [though some of the kids in 4H taking theirs to compete at state fairs prior to auctioning them off don't seem so clear on it, poor lil kids...]
they are a business asset to the farmer...
What I don't understand is why the farmers aren't required to exercise due diligence in securing their assets [keeping fences in good repair] in order to protect the assets [and safety and lives] of the public - who have every right to be on the road they paid for [and those cows didn't!]
kill one and you can be legally indebted to the farmer...
So why isn't the farmer indebted to me if his asset damages mine? It seems a little lopsided, you ask me...
chefdennis
Veteran Expediter
the public and the state has a "reasonable expectation" for the famer/owner/keeper to control any livestock...but then the law also has a reasonable expectation for a driver to have their motor vehicle under control also...there have benn more then a few court cases over this issue...most often it goes to Ohios "fence laws" and how the animal got out....but yes famers/owners/keepers can be charged and fined for animals that get loose..but it has to be proven how and if there was neligence on their part....
I ain't sayin how i know about this
I ain't sayin how i know about this
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the public and the state has a "reasonable expectation" for the famer/owner/keeper to control any livestock...but then the law also has a reasonable expectation for a driver to have their motor vehicle under control also...
Losing control of a vehicle due to an unexpected [and unavoidable] collision with a farm animal on the road is hardly unreasonable, IMO - it's not what we learned in drivers ed, or the Smith System either, and those cows are pretty good size, right?
there have benn more then a few court cases over this issue...most often it goes to Ohios "fence laws" and how the animal got out....but yes famers/owners/keepers can be charged and fined for animals that get loose..but it has to be proven how and if there was neligence on their part....
When their cow is out on the road, whose negligence could it be, other than the cow's owner? Even if the fence was vandalized, he has a duty to inspect and maintain it, no one else does.
I ain't sayin how i know about this
I aint askin, either - it's lots more fun to guess....
mcavoy33
Seasoned Expediter
If a driver can't avoid a cow on the road, he shouldn't be driving. Its not like a cow can quickly dash to the other line as the driver is trying to avoid him.
What if a baby was stationary on the road, don't you think a driver has the responsibility to avoid not killing the baby? Its pretty much the same thing, the cow is going about as far as the baby.
Didn't go back into service until Thursday afternoon .... but still managed to get in over 1500 loaded miles for the week
I didn't. But then, I didn't hit any cows either, so it could be worse.....
My week is doing good. I just booked my first load as a company owner. I'm getting 1.50 a mile in a tiny ole cargo van...Who'd a thunk it possible with all of the cargo van bashing going on around in here. I feel like a load one driver now! Gots to gets them rates back up there to where they should be! Stay safe out there.
mcavoy33
Seasoned Expediter
Awesome, keep it up.
paullud
Veteran Expediter
So the tale of Blizzard Expedite begins. Congratulations.
Posted with my Droid EO Forum App
If a Bull wants to get into another pasture, especially if LOVE is on his mind. A welded pipe fence is the only thing that will keep him home.
is on his mind. A welded pipe fence is the only thing that will keep him home.The journey begins lol. If anything I never have to worry about refusing a load or feeling bad because I tool too much time off. In time i'll tell you guys the name of my company and post the website here. The website is still under construction as I type. Good luck out there.
So, you're saying it's not possible that the driver could have come around a curve or over a hill and had the cow right there with no time to do anything? Sure, if you're on a flat road and can see the cow ahead, you react. It's just not automatically the drivers fault.
mcavoy33
Seasoned Expediter
You shouldn't be going that fast around a curve if you can't stop in time imo. I'm not willing to risk my life if there is a broke down tractor trailer around a corner I can't see or some other object.
I like living.
Falligator
Expert Expediter
My week started off with a 421 mi run but I hope I'm not stuck in Nowhereville, MO
Posted with my iPhone EO Forum App
Posted with my iPhone EO Forum App
Well steve I am starving here its monday no Load since last Tue when I dropped out in the land of OZ then the long DH. Yup a week out on the road no pay & CBCO dv had a 2 day class. Accepted a load today that was offerd but never got it.
Morons who post conclusions while knowing very few facts should have their computers taken away.
Star's assumptions are spot-on. Couple those with a merge for a coming one-lane construction zone on an unlit roadway also came into play.
For the record, my wife was driving; I was in the sleeper berth. We drive at 59-60 on the interstate. She was slowing for the construction zone. She did exactly as she was taught, and exactly what I would have done, if I was driving. Had she swerved our high-profile vehicle, she would have rolled the truck, and placed our lives and our haz-mat load in much further jeopardy. I am extremely proud of her.
I asked those same questions, Steve. Both the responding Trooper and the owner of the body shop where the truck is being repaired live within a couple miles of the accident site. Neither know a nearby farmer who has cattle. Also for the record, it was a female. The farmer would be responsible in Mississippi, if they were known, or if the cow had a brand.
Regarding our continuing business, we were well-prepared financially for this. We have savings, and our insurance policy provides for downtime compensation at $175 per day. We rented a car, drove 927 miles home, and are busy doing work we had put off for slow times (there aren't many). I appreciate that concern, Cheri. Should be down for 3 weeks or so; the damage being a hair under $14k. Definitely not the end of the world.
Probably the wierdest thing in this is the quickness of response by the Mississippi DOT. They arrived shortly after the 2nd Trooper, along with a backhoe and a dump truck. They hoisted the cow into the truck, drove it from the median to the opposite side of the highway, dug a hole, and buried it. That was a shameful waste, IMHO.
And yeah, we like living too. I'm typing this post from the comfort of my home, with a fire in the woodstove, because my bride made the correct choices that day.
Star's assumptions are spot-on. Couple those with a merge for a coming one-lane construction zone on an unlit roadway also came into play.
For the record, my wife was driving; I was in the sleeper berth. We drive at 59-60 on the interstate. She was slowing for the construction zone. She did exactly as she was taught, and exactly what I would have done, if I was driving. Had she swerved our high-profile vehicle, she would have rolled the truck, and placed our lives and our haz-mat load in much further jeopardy. I am extremely proud of her.
I asked those same questions, Steve. Both the responding Trooper and the owner of the body shop where the truck is being repaired live within a couple miles of the accident site. Neither know a nearby farmer who has cattle. Also for the record, it was a female. The farmer would be responsible in Mississippi, if they were known, or if the cow had a brand.
Regarding our continuing business, we were well-prepared financially for this. We have savings, and our insurance policy provides for downtime compensation at $175 per day. We rented a car, drove 927 miles home, and are busy doing work we had put off for slow times (there aren't many). I appreciate that concern, Cheri. Should be down for 3 weeks or so; the damage being a hair under $14k. Definitely not the end of the world.
Probably the wierdest thing in this is the quickness of response by the Mississippi DOT. They arrived shortly after the 2nd Trooper, along with a backhoe and a dump truck. They hoisted the cow into the truck, drove it from the median to the opposite side of the highway, dug a hole, and buried it. That was a shameful waste, IMHO.
And yeah, we like living too. I'm typing this post from the comfort of my home, with a fire in the woodstove, because my bride made the correct choices that day.
ChanceMaster
Expert Expediter
Good Loads from Chicago, to Calgary AB..Deadhead to Spokane, WA for a load to Philidelphia. Pay is great too.