It sometimes happens that you get involved in a collision between an animal and a vehicle, in most cases with a car. But what should you do if that happens and who is liable? It turns out that not many people know exactly, so it's time for a short explanation. The most frequent collisions with animals in Spain are those with dogs or cats and also horses, cows and wild boar that are increasingly common on the Spanish roads.
There is nothing worse than driving on a road and coming into collision with or another vehicle, cyclist or stray animals. According to the Spanish traffic service DGT, there were at least 856 accidents involving animals in 2017, some with fatal consequences for both the animals and the occupants of a vehicle. The chance of an accident with a running animal is quite large in Spain as there are many roads that cross a natural landscape.
Hunting season
Most accidents take place in the spring, autumn and winter during which it is somewhat quieter in the summer when it comes to animals on the roads. One of the reasons why more accidents occur on the Spanish roads outside the summer is the hunting season. In the aforementioned seasons may be hunted in Spain which often causes animals to flee and then panic roads with all the consequences. On most roads there are road signs indicating that animals can cross the road but most people do not look at it. In addition, in Spain you also have to be extra alert when there are signs along the road with the text "coto de caza" which means that there is a hunting area.
Which animals
In Spain most of the accidents involving animals are caused by a collision with wild boar and roe deer but it also happens that collisions take place between vehicles and cows, horses, sheep and of course smaller animals such as dogs, cats and rabbits. In some places, it is also possible to collide with the protected Iberian Lynx, especially in the south of Spain.
Most accidents happen when an animal suddenly crosses a road and a car driver can no longer avoid the collision. On the contrary, and therefore drive something against it. In addition, there are also accidents when a car driver tries to bypass a dog, cat or other animal that has already been hit by driving around and then driving somewhere. According to the association of companies that take care of the maintenance of the Spanish roads, 1000 animals are killed every day on the roads.
What to do
As mentioned earlier, an accident can take place in two ways: either a direct collision with an animal or by trying to avoid it and then get an accident. Of course, it is always best to reduce the speed and keep the eyes extra open to be aware of possible surprise on those roads where it is indicated that animals can walk on the road. But that is unfortunately not always enough and it can still happen that a collision takes place. Some tips from the Spanish DGT (Traffic Service).
The most important thing is to prevent it by paying extra attention and always anticipating traffic.
Avoid using a horn when seeing an animal on the road. This can frighten an animal and react uncontrollably by acting in panic.
If a collision has occurred and it is a heavy animal or an animal of large size, then 112 (police) to call who then send help. In the case of smaller animals, it is advisable to take them to a veterinarian or call 112 (police) who will do this for you.
Is there an animal on the road and has not been hit yet, then slowly passes over so that it does not scare.
If you see an animal walking over the road, pay extra attention because often they do not walk alone and unexpectedly a second or third animal can arrive.
If a collision is unavoidable, brake hard and also push the clutch all the way to go straight ahead and not to turn left or right. If it is not safe to do this action, such as with more traffic behind you, try not to avoid the animal because it can lead to dangerous situations.
If the collision has taken place, make sure everything goes safely afterwards by wearing a reflective vest, placing warning triangles which are made of reflective materials and calling in for help without jeopardizing your car.
Responsible
If a collision has occurred then there is often damage, but who is responsible for that damage. The owner of an animal is (risk) liable for the damage the animal inflicts on others. Debt plays no role in this. A possessor is someone who keeps the animal for himself. Usually this will be the owner. But it can also be the man's keeper, for example, who uses your horse for lessons. The neighbor boy who is exhausting your dog is not a possessor. He does not keep the dog for himself. There are cases where the owner is not liable. This is the case with, for example, force major or severe weather.
Pets are not only dogs and cats, but also farm animals such as horses, cows and sheep. The owner is liable, because the pet has caused the damage. For example, when the dog suddenly crosses the road. We call this risk liability. The owner must compensate the damage. The claimant must prove that the animal has caused damage. So make a note of witness evidence directly for a testimony. It is important for pets to wear clothing with reflective materials or reflective tapes.
Animals that live in the wild (deer, roe deer, wild boar, etc.) do not own. There is therefore not liable party to turn to for compensation. With a full or limited insurance it is possible to claim the damage with your car insurance. The policy conditions state whether this type of damage is covered.
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