Russia (bbabo.net), - A court in the Vologda region failed to prosecute the owners of a cow that fled the scene of an accident. The problem is that the horned intruder was able to keep her incognito. Neither the traffic police nor the driver injured in the accident took any steps to identify the cow.
According to the joint press service of the courts of the Vologda region, the accident happened in November 2020 on the M-8 Kholmogory highway in the Gryazovetsky district. A cargo truck belonging to a certain firm from Arkhangelsk collided with a cow.
“No violations were found in the driver’s actions, it was refused to initiate an administrative offense case against him,” the press service continues. “As a result of an accident, the vehicle received damage in the amount of more than a million rubles. actions of the owner of the animal, the company filed a lawsuit to recover damages in the specified amount.
The lawsuit was filed against a local dairy farm, a limited liability company, whose representative removed the offending cow from the scene of the accident. However, in court it suddenly turned out that the cow had disappeared. Literally melted into the night. Who she is, whose she is, now you can’t make out. The farm itself would never recognize the cow as its own.
“There is no evidence in the case that the cow belongs to society,” they say in court. “The administrative material on the fact of the accident does not contain information about the owner of the animal, as well as a description of the animal (color, color, marking) that allows it to be identified. The LLC did not recognize this fact, did not respond to the claim of the plaintiff, did not send its representatives to participate in the proceedings on this dispute.
The protocol did not describe the color of the cow, marking, etc., so it is no longer possible to find the culprit
Thus, the Arbitration Court concluded, it has not been reliably established that the damage was caused as a result of the defendant's guilty actions related to improper care of the animal.
In other words, the cow could not be released without a protocol. It was necessary to clearly fix each spot, so that later the cow could be identified.
There are many cases in judicial practice when animal owners pay for the literally bestial tricks of their wards. From the point of view of the law, cows and other livestock are the same road users as people or cars. An accident involving a cow and a car is de jure the same accident as if two cars collided. And if the cow is to blame, then its owner must compensate for the harm.
Since the cow does not have OSAGO, this complicates the position of its owner: he will have to pay out of his own pocket. So for the sake of financial security, the barn must either be carefully guarded, monitor the herd, or teach the rules of the road. Who is easier.
However, the driver in the event of an accident will have to prove that he could not avoid a collision with the horns.
"The driver must choose a speed that provides him with the ability to constantly control the movement of the vehicle," the Arbitration Court of the Vologda Region explained in its decision. And if there is a danger, it is necessary to slow down.
Thus, in an accident with animals, one should analyze how careful the driver was, whether he could see the cow in time or whether she jumped out unexpectedly. All this must be recorded in the protocol.
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