Bundy sued after car hits cow on I-15

http://www.reviewjournal.com ^ | 09/17/2014 | By HENRY BREAN

[ridesthemiles]

Thanks for the exact wording.

[ridesthemiles]

Read post #21.

Open Range all over Nevada.

[hal ogen]

Bunkerville is just a couple miles south of Mesquite NV so, according to your map, it is neither...so there!

[ClayinVA]

Happened to my father-in law, Farm insurance covers things like this. I would assume an operation as big as Bundy has it as it is pretty cheap.

[Smokin' Joe]

Calves will dash across the road to be with mama. I always watch out for that. If it was daytime, no excuse. If night and the cow was black, there's a chance she didn't see it in time to stop.

If the area is posted as open range, she bought a cow.

The only other time I know of someone who hit a cow, it was already injured and laying down on the road. Black cow, black road, dark night (no moon). He and his 4WD went right over the cow.

[az_gila]

You are correct... wiki puts Bunkerville in the Mojave Desert, which doesn’t agree with the map I posted...:^)

http://en.wikipedia.org/wiki/Category:Populated_places_in_the_Mojave_Desert

[defconw]

I can understand night time, black cow. But I have a SIL that goes blasting down the road, where there are pronghorns, deer, buffalo, mules, big horns, she'll just yack away.

I avoid riding with her if possible. If I can't avoid it. I am the hyper alert spotter!

[B4Ranch]

Bundy’s ranch is N/E of Las Vegas on land that is not part of the Great Basin Desert.

[freedumb2003]

from https://www.fhwa.dot.gov/interstate/faq.htm (emphasis mine):

Who sets traffic rules on the Interstate System?

Because the States own and operate the Interstates, the States establish the operating requirements, such as speed limits. The States also are responsible for enforcement.

The National Committee on Uniform Traffic Laws and Ordinances (NCUTLO), which includes State motor vehicle administrators and police officers, publishes a compendium of model traffic laws and rules of the road. The goal of NCUTLO is to promote uniformity across the States, but each State is free to adopt its own traffic laws and rules based on its unique circumstances.

There are more citations on that site making it clear the States establish the rules for Interstates.

The law cited earlier is on point.

[rey]

Look. I really don’t care. The feds front the money and make the rules. The interstate is the one of the remnants of the cold war. They were built to move armies quickly. It may seem like it is the state that owns and sets the rules, but it isn’t. Perhaps the feds gave the whole system over at one time and I missed that meeting, but when the feds want it back, they’ll take it.

All I know is that every state I have cowboyed in you do not drive cattle onto the on ramp, down the interstate, or across the interstate, except under special permit, not just because it isn’t safe but because it isn’t allowed.

[freedumb2003]

>>Look. I really don’t care. The feds front the money and make the rules. <<

No they don’t. If you want, you can reread my post from the feds themselves.

>>All I know is that every state I have cowboyed in you do not drive cattle onto the on ramp, down the interstate, or across the interstate, except under special permit, not just because it isn’t safe but because it isn’t allowed.<<

Different states have different laws. Did you cowboy cattle in this state?

And the law doesn’t say you can use the Interstate to herd cattle, it says the owner isn’t responsible if cattle wander on of their own volition.

Reading is FUndamental.

[rey]

What the law says is that in free range states, NV, it is the owners responsibility to fence things out, not the cattleman to fence things in. It is the interstate people’s responsibility, who ever you believe them to be, to fence cattle out. That has nothing to do with traffic laws. What he may be in trouble for is creating a hazardous condition and that is for a jury to decide, I don’t know. THough it is a free range state, it does not mean you can allow your cattle to go anywhere. If an owner fences animals out and your animal gets in you are responsible for damage, according to NV law. Perhaps the lawyer is arguing that the INterstate is fenced in (it is and throughout has cattle guards on the ramps) and that he is in violation on this point.

Furthermore, NRS 568.360 says that is an owner negligently allows livestock to enter a “fenced highway right of way” which is what an interstate is, then he may be held liable for any damage resulting from a motor vehicle/livestock accident.

There is a difference between interstate and highway just as there is a difference between freeway and highway, otherwise there never would have been different terminology. This difference may be less than it was years ago and the lawyer may be arguing semantics, in your opinion, but that is what much of the law is.

Yes, I have worked in NV.

[freedumb2003]

But I see you have finally read what I posted about Interstate Highways being under state control.

Whether there are other conflicting statutes may be an issue. But the one that started this discussion is definitely on point (and the starting spot).