As a dog owner I always find this a sad topic. Where do you stand if you come a cropper because of wildlife? I set out the legal position within this article.
First of all, if you are unlucky enough to hit a horse, cattle, ass, mule, sheep, pig, goat or dog then there is a requirement (S.170 of the Road Traffic Act 1988) to provide your details to any person reasonably requiring them, or to report the accident to the police. This should be done as soon as practicable and no later than 24 hours. Unusually, this doesn’t apply if you hit a cat or a deer. If you do not stop, fail to provide your details or report the accident to the police you will likely fall foul of the 1988 Act and be liable to prosecution. There is no need for a ‘Notice of Intended Prosecution’ from the police, as it is trite law (S.2 of the Road Traffic Offenders Act 1988) that when an accident occurs the driver should be on notice that a prosecution may follow. You would need to have knowledge of an accident occurring. If you did not, then a NIP needs to be served on you (Bentley v Dickinson [1983] RTR 356) but let’s be honest, you are doing well to ride into a horse and not realise there had been an accident.
As far as the civil law goes, owners of animals need to keep them properly secured. I dealt with a case where a horse owner did not maintain her the fences thereby allowing her horses to escape. They meandered onto the road and there was an accident involving multiple vehicles, including a motorcyclist. The civil claim against the horse owner was successful, not least because the Police’s Serious Collision Unit identified the failed fencing being the cause of the animal’s escape.
The same applies to dogs. A dog walker needs to make sure they keep their dog on a lead; should it bolt out in front of traffic the owner may be liable for any damage or injury caused. It is common for a dog to be insured under a pet insurance policy. If an accident occurs, the terms of the policy may well cover you for your losses. If not, the pet owner can be pursued personally. With a high-end BMW motorcycle costing almost £20,000.00, it can be an expensive lesson for the dog owner should an accident occur, and the machine be written off. If you don’t claim off the dog owner you can bet your insurer will look to recoup their loss against them. Any court proceedings need to be in your name and chances are, the terms of your contract with the insurer includes a clause which means you need to assist them in bringing a claim. So, you could be strongarmed into bringing a claim, in your name. Albeit it is usual for insurers to indemnify you for any adverse costs in the court action.
Motorcyclists hitting sheep is a common problem in Wales. Again, these herd animals should be kept safely away from causing a nuisance or damage. The animals should have an ear tag which is an identifier, and you can trace the owner via DEFRA or the Livestock Information Service. This will be needed in the event of an accident.
The New Forest (if you haven’t been, I highly recommend a ride and stop off at many of the lovely pubs) is slightly unusual. Without turning this into a history lesson, the 1217 Charter of the Forest, and subsequent common law (and limited legislation) protected the rights of landowners to keep animals and allow them to roam freely. Be on the lookout! This is genuinely one of the last places you will be able to ride around a bend and come face to face with an 800kg cow. I once did this riding in Morocco; I didn’t think it’d happen in the New Forest. It does. If you have an accident here, you are going to have a hard time 1. Suing anyone and 2. Blaming the cow/horse/mule for not having any road sense. Ride to the conditions.
Wild animals are more of a problem. Think of hitting a deer. It happens more often than you think, a muntjac springs out in front of your ride. There is no ‘owner’ and therefore no one to sue. That is the general principle, but some detective work can go a long way. For example, where I live there is lots of woodland. Once upon a time, out walking my dog, I came across what I can only describe as a magnificent pheasant farm. Hundreds and hundreds of pheasants bred, with water bowsers on timers and 10-foot-high fencing. All hidden away in the depths of a forest. Some of the fencing had fallen down and pheasants were running amok. It turns out they are being bred for game shooting. There is a busy road ¾ of a mile away where you see an abnormally high number of pheasant strikes on vehicles. Now I know why. The owner of the farm is likely to have some liability, especially where there is an element of commercial activity in their breeding. The same would apply if deer were kept in a private estate. As we move towards the September equinox and the nights draw in, be alert to wildlife. Ride safe.
Gavin Grewal
TVAM Slipstream
