Horses on the road

[ricardo g]

Hi there,

A situation has arisen with someone I know which involves an accident and horses and was wondering if anyone can help?

The event goes quite simply that the guy was on his way home at 1:30 in the morning and came round the corner to find horses running wild across the road and unfotunatly he hit one. The car was quite badly damaged but the horse was absolutly fine with no problems.

But the problem arises when it comes down to insurance. The insurance company are tyring to prove negligance on behalf of the owners for leaving a gate open etc but this hasnt been proven but I am sure I read somewhere not that long ago that it was the responsiblilty of the owner of the horses (or livestock) to ensure that the are properly contained. The issue that is arising is that the horses (as everyone is well aware) have right of way on all roads and take priority... so where goes the chap stand?

Thanks for any help!

Richard Steven

[Dwight VanDriver]

Section 155 Highways Act 1980 creates an offence of:

If any horse is at any time found straying on a highway the Keeper is Guilty of an offence, but not if the highway passes over any common land,waste or unenclosed ground. Max fine of 1000 notes.

Also includes sheep, cattle, goats or swine.

There is no mention of the need to have fences/gates in good order. Tiz absolute. But obviously good evidence to prove straying if hedges/fences in poor repair.

Also do not forget Rule 80 HC - watch out for animals etc.

DVD

[ricardo g]

Thank you, I'll pass that on. Seems the exact thing that was needed.

Richard