Gold Coast and Brisbane Car Accident Lawyers Explain Personal Injury Claims Arising from Motor Accidents Caused by Animals on Highways. No Win No Fee Lawyers Brisbane & Gold Coast. Servicing all Qld.
If you Hit Livestock on a Qld Road the Law says you Can’t Claim Injury Compensation
In Queensland there’s a rule established by the decision in Searle v Wallbank, that if you hit, or swerve to avoid a cow, horse, pig or any other type of livestock, straying onto the roadway from a nearby farm, the owner of the animal is not liable for any injury compensation or property damage arising from the motor vehicle accident.
Searle v Wallbank is an old English Court of Appeal decision. It has in more recent times been abolished in the United Kingdom and most Australian States but not in Queensland. What the rule says is that owners and occupiers of land adjoining highways are not obligated to fence or maintain fences, hedges, gates etc. to keep their livestock from straying onto nearby highways and nor do they hold a duty to take reasonable care to prevent their animals from straying onto nearby highways, unless the animal is known to be dangerous.
Car Accident Lawyers Explain the Rule in Searle v Wallbank
The reasoning behind the Court’s decision in Searle v Wallbank was the notion that it would place too onerous a duty on livestock owners and farmers to burden them with liability for their straying animals and this was particularly the case in the era when the decision was handed down. At such time, there was no obligation on farmers to fence off properties and many farms adjacent to highways were unfenced. It was decided that road users were accepting that they were to keep a lookout for straying animals on highways and roadways adjacent to farmland.
Today however, the Rule is antiquated and ill-fitting with the modern highways of today, and motor vehicles using them. Motor vehicles are travelling at high speeds now on highways and roadways adjacent to properties housing livestock and a motor vehicle collision with a straying animal can cause very serious injury to unsuspecting motorists.
CTP Insurers & Car Accident Lawyers Push for Legislation Rejecting the Rule in Searle v Wallbank
There has been a push by both Queensland Car Accident Lawyers and CTP Insurers for legislation to be introduced, overcoming the problems caused by the Rule in Searle v Wallbank. The question of whether the rule in Searle v Wallbank should continue to apply in Queensland has been looked at both by Queensland Courts and Queensland Parliament, but despite lobbying against it, the Rule still exists in Queensland today. It was also considered by the High Court in the case of SGIO v Trigwell & Ors [1979] 142 CLR 672.
In that case, the Trigwells were injured in a motor vehicle accident caused by sheep straying onto the highway through an unkempt fence. The High Court, on appeal, had to determine whether the owners of the sheep were liable for the injuries sustained, given the old Rule of Searle v Wallbank. The High Court held that the decision in Searle v Wallbank was in fact correctly determined and therefore the Rule remains in force still in Queensland today. Fortunately for the Trigwell’s the Court also held that the driver of the other vehicle involved in the motor accident who swerved to avoid the sheep, colliding with the Trigwell’s vehicle, was negligent. The Trigwell’s were therefore able to recover injury compensation from the CTP insurer of the negligent driver’s vehicle.
Queensland Courts Uphold the Searle v Wallbank Rule Denying Injury Compensation to Injured Truck Driver
The Rule was again challenged in the more recent case of Smith v Williams & Ors [2006] QCA 439. Mr Smith was driving down the Kennedy highway in his truck when he was suddenly met with stray cows on the highway. He swerved to avoid the animals and lost control of his vehicle, suffering serious injuries in the resulting motor vehicle accident. The cows were owned by adjacent cattle farmers. Mr Smith sought injury compensation, but was met with the Rule in Searle v Wallbank.
On appeal to the Queensland Court of Appeal, the Appellate Court held that the decision of Searle v Wallbank applied, and it would only be excluded where the owners of the animals had actively taken the livestock onto the road, had directed them there or had taken them onto the highway and maintained them there. The reason for this exclusion was because in such case, the cattle could not be considered as then “straying” onto the highway. The Court held that Mr Smith was unable to show that the owners of the cattle had in fact done this, and therefore his appeal was dismissed.
No Win No Fee Personal Injury Lawyers Explain Exclusions to the Rule in Searle v Wallbank
The Rule in Searle v Wallbank applies to all roads, lanes, streets etc. and is not just limited to highways. As indicated in the case of Smith v Williams & Ors above, the Rule will not apply however where the animals have not strayed onto the highway, but have in fact been directed there, or taken onto the highway by their owner.
The Rule applies to tame or domestic animals but not wild animals or animals known to be dangerous. However, it’s been held that “dangerous” doesn’t include an animal that is known to repeatedly stray onto the highway (Brock v Richards [1951] 1 KB 529). It only includes animals known to be “vicious” or “mischievous”.
What Does this Mean to Motor Vehicle Accident Victims in Queensland ?
So, what does all this mean to Queensland motorists ? The Rule in Searle v Wallbank means that if you’re involved in a motor vehicle accident because of livestock that has strayed onto the highway from a nearby farm, and as a result you suffer injuries, you will have no right to recover injury compensation. And this is even the case where the farmer is aware that the animal has a proclivity for straying onto the highway. Unless the animal has been taken or directed onto the highway by its owner, then you will have no right to claim injury compensation.
However, this will not always be the case. In circumstances where a passenger is injured in a motor vehicle accident caused by a stray farm animal on the highway, and the collision was contributed to by the negligence of the driver of the vehicle, or other driver’s involved, then the passenger will have a right to recover injury compensation from the CTP insurer of the negligent driver or drivers.
Similarly, if you’re a driver involved in an motor vehicle accident caused by a stray farm animal on the highway, and the negligence of another driver or drivers involved in the accident contributed to the accident occurring, then you will be able to claim injury compensation from the CTP insurer of the at-fault driver or drivers.
Injury Compensation Claims Arising from Animals on the Highway Aren’t Necessarily Motor Vehicle Accident Claims
It is of interest to note that a claim for injury compensation arising from a motor vehicle accident caused by straying livestock on a highway, where there is no driver negligence involved, is actually not a claim under the Motor Accident Insurance Act 1994. If there is any claim for the animal being on the highway, then it is against the owners of the animal and any liability found, as well as any injury compensation awarded as a result, would have to be met by the owner of the animal or their public liability insurer.
No Win No Fee Personal Injury Lawyers – Brisbane & Gold Coast Car Accident Lawyers
If you’ve been injured in a motor vehicle accident and need legal advice, No Win No Fee Personal Injury Lawyers are experts in motor accident claims. We specialize in motor vehicle accident claims and are Brisbane and Gold Coast Car Accident Lawyers.
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