Deadly North Dakota Accident Kills One Man and Three Horses
The Dickinson Press reported in January of 2018 about a tragic accident near Ypsilanti. The report included the disclosure by the Stutsman County Sheriff’s Department that a 2006 Pontiac Grand Prix was going west on County Road 38. Three horses were standing in the highway. The driver, later identified as 24-year-old Cruz Schumacher of Jamestown, struck the horses and died when his car veered off the road and hit a parked semitrailer. Sadly, the three horses also died. The sheriff’s office was called to the scene around 5:00 am.
Liability in this type of case
The sheriff’s office did not say what led to the horses being in the road, or the driver not being able to avoid them. There are 246 miles (give or take) between Ypsilanti and Theodore Roosevelt National Park, which is home to the feral North Dakota Badlands horses. It is entirely possible that some of them found their way to the middle of a road in Ypsilanti – though it seems rather implausible.
If we assume these were not feral horses, then the liable party would be:
- The driver. If the investigation found that he was speeding, under the influence, distracted, etc., then the driver would be liable for the crash.
- The owner of the horses. If the horses made their way out of the enclosure because it was broken or left open, or if the owner was negligent in keeping them on his or her property, he or she may be found liable for the crash. Keep in mind, however, that there is no liability for animals at large unless one can prove that the fencing was not properly maintained.
- The government. If CR 38 has low visibility or winding curves, and no warning of said dangers, no lights and/or no signage present, then the local government may be held liable for the crash.
Making a claim for damages
If a person other than the driver is deemed negligent, then the family of the deceased driver could bring a wrongful death action against that person or entity. Wrongful death damages in North Dakota are paid for the benefit of the spouse, children, and other qualified family members. Damages may include:
- Reasonable burial and funeral bills
- Loss of income and support
- Pain, suffering, and inconvenience
- Loss of society, consortium, and companionship
- Other damages allowed by the wrongful death statute of North Dakota
A key question that experienced North Dakota car accident lawyers would need to review is what type of insurance would pay the wrongful death damages. If the horses’ owner is liable, perhaps his or her ranch or farm policy would pay for the damages. If the government is liable, then the money would come from a fund. The most likely scenario is that the driver’s uninsured/underinsurance policy would be asked to pay the claim.
Car accidents for many different reasons. If someone was negligent and their negligence caused death or injuries, the victims have the right to hold the wrongdoers accountable. It’s important to seek legal help as soon as possible. Delay can hurt your ability to prove fault. To speak with a respected North Dakota car accident lawyer from Larson Law Firm, P.C., call our Minot office at 701-484-4878, or fill out our contact form. We want to help.
Mark Larson is a Certified Civil Trial Specialist and Certified Civil Pre-Trial Specialist focusing on personal injury, car accidents, wrongful death, and oil field claims. Since 1979, Larson Law Firm has served the injured throughout North Dakota. Read more about Mark V. Larson.