A woman has received a multi-million pound personal injury compensation settlement, after she suffered severe whiplash injuries when her vehicle collided with a dead horse.
The $2.7 million injury compensation settlement is thought to be the highest linked to an animal compensation claim.
The woman suffered permanent full-body whiplash injuries in the crash, and still requires strong pain relief and treatment for her injuries.
It is thought to be one of the biggest personal injury settlements, resulting from an accident involving a horse or some form of livestock.
The horse had been previously hit by another driver who left the scene who then failed to attempt to make the area safe, leading to a claim for compensation from the driver who came along and struck the horse.
The woman was severely injured when she hit the dead horse on a roadway in Jefferson County, USA while driving home from work.
A court heard she was driving under the speed limit when she hit the dead black horse that was lying in the road. No one else was injured.
A Jefferson County jury awarded the woman from Chimacum a personal injury compensation settlement of $2.7 million (£1.71 million) for the permanent injuries she received.
The horse had strayed onto the road and was initially struck by a telephone company employee who then left the scene, allegedly to seek assistance.
It was later reported that the driver was driving a truck which was equipped with safety cones and other safety warning systems that could have been used to warn other drivers of the possible danger.
Bill McGonagle, the lawyer who handled the claim for the injured lady, said:
“This injury could have been easily prevented if the Sprint truck driver would have just stopped to protect the scene.
“She has suffered for nine years and doctors have determined that she will endure pain for the rest of her life,” said Mr McGonagle.
Injuries included full body whiplash which pulled her spine, nerves and muscles so severely that the only treatment to alleviate the pain was an implanted medical device that secretes pain medication.
The case was argued before a jury that the accident could have been prevented had the other driver acted more quickly and made use of accident prevention equipment.
The other driver argued in the court that he did not stop straight away because he felt it was dangerous to do that.
The accident occurred in December 2001 early evening on a dark and overcast night on an unlit road.
According to an eye witness the car driven by the woman struck the horse and became airborne finally resting 200 feet down the road.
Accidents involving animals on roads are fairly routine and can lead to severe injuries and fatalities; especially involving big animals such as livestock.
Every year in the UK there are also road accidents caused by animals that have ended up on the roads.
Laws vary depending on the animal and nature of the accident but in the UK individuals who own livestock have a responsibility to ensure animals are secured and cannot stray onto roads.
In the event of an accident if the owner of the livestock has failed to keep the animal within a safe area, then a compensation claim could be made, as long as negligence can be proved.
In the UK if a driver is involved in an accident where an animal has been killed or injured then the driver should remain at the scene of the accident for a reasonable time and must report the accident.
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