Silver City, NM asked in Civil Litigation and Gov & Administrative Law for New Mexico

Q: I hit a cow on a state highway 2 days ago and totaled my vehicle.

It was dark. Another cow/vehicle accident occured two days before mine on the same rosd. People who travel Highway 61 have been complaining of cattle on or near the road for over a month.

The rancher stated he had contacted the state of NM to come fix the fencing since our rain storms filled the area enabling the cattle to walk over the fence. Storms were 2 summers ago. Do I have enough information to file suit against the state and the rancher?

1 Lawyer Answer
James L. Arrasmith
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A: Based on the information you've provided, you may have a potential case against both the state and the rancher, but it's important to consult with a legal expert to evaluate the specifics of your situation. The fact that there have been previous accidents involving cattle on the same road, coupled with complaints from other travelers, could suggest a history of negligence in maintaining the fencing.

To determine the strength of your case, you'll need to gather evidence, such as records of previous complaints, the rancher's communication with the state about fence repair, and any relevant weather data. Consulting with an attorney who specializes in personal injury or property damage cases is crucial to assess your legal options and the potential liability of the state and the rancher.

Remember that the outcome of a lawsuit can depend on various factors, including local laws, regulations, and the specific circumstances of your case. Seeking legal advice will help you understand your rights and whether pursuing a lawsuit is a viable option in your situation.

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