An accident in Colorado involving a tractor-trailer, 205 barrels of oil and five cows has raised some questions about exactly who is liable in such situations.

On Sunday, Sept. 25, a truck carrying 205 barrels of oil slammed into five cows along a state highway in Colorado. The cows had wandered into the road, and the driver was unable to brake in time.

The truck rolled off the side of the road, spilling more than 200 gallons of the oil it was carrying into a ditch. A passenger in the truck was killed, as were all five cows. The driver was hospitalized but is expected to recover.

Both people in the vehicle were wearing seatbelts and the police said that neither excessive speed nor alcohol was a factor in the accident.

Chuck Johnston, Claims Department manager for OOIDA, said an accident like this stresses the importance for drivers to know the laws of the states in which they operate.

In such cases, Johnston said, determining who is responsible depends on whether the state is an “open range” state.

“Some states are open range,” he said. “Which means, wherever the cattle are, is where they are, and no one is at fault. Other states require the cattle to be fenced.”

According to the Colorado Department of Agriculture, Colorado is an open range state, but that doesn’t mean that farmers can just allow their livestock to run around wherever they please.

There are various state and local laws that deal with specific offenses involving cattle, such as grazing on roads and in municipalities.

Though Colorado does not require cattle to be fenced in, cattle owners can still be held responsible for livestock involved in accidents on public highways, according to the department.

However, even in such a case, Johnston said it is not always easy to hold the owner of the cattle responsible.

“You have to show negligence on the part of the owner of the cattle,” he said.

– By Terry Scruton, senior writer
terry_scruton@landlinemag.com