10/22/2021
I get a lot of questions pertaining to this sort of situation. Good read to see how the laws vary from county to county.
My best advice is to drive very carefully and at appropriate speeds on rural roads where livestock is present. As seen in the article the laws are up for interpretation and will favor the owner of the livestock until the case is brought to court with significant amounts of evidence proving frequency and negligence of the livestock owner.
Notify owners of livestock and document the occasion for your own records when you spot livestock out. If a reoccurring problem persists notify authorities so they can begin to document and actively keep tabs on the problem. In the event you hit livestock, a documented history of the livestock at large and/or negligence of fence repair can help your case if taken to court.
Circling back to my first bit of advice, safe driving is the best way to mitigate risk in these situations. There is no guarantee of the owners being found liable even with a documented history.
Questions and comments are appreciated!
SIOUX FALLS, S.D. (KELO) — South Dakota repealed its open range laws in 1980 so cattle aren’t allowed to roam freely without fences.
