# riding along road



## wetrain17 (May 25, 2011)

I have a question. If I’m riding my horse along the road and he freaks out and damages a car, who is at fault? Well, I guess there are two different scenarios. One being if he seems calm and as the car passes he freaks out and damages the car, the other being he is already freaking out over something, say a storm drain or new sign, and the car decides to pass anyway and the kicks the car. I’m trying to find the answer now that I’ll be riding on the road a little more often. I live in PA if that makes a difference in state laws.


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## Speed Racer (Oct 21, 2009)

You're the owner and the animal is supposed to be under your control. You're liable in both scenarios.

I don't willingly ride on the roads. I've been known to ride across them or down them a small way if I _have_ to, but won't ride on them for any length of time. I consider it courting disaster.


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## Magaidh (Apr 13, 2011)

If you're going to be out riding anywhere in public, I'd suggest buying liability insurance. I don't know if all policies cover property damage, but it's worth looking into.


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## pintophile (May 18, 2011)

Speed Racer said:


> You're the owner and the animal is supposed to be under your control. You're liable in both scenarios.
> 
> I don't willingly ride on the roads. I've been known to ride across them or down them a small way if I _have_ to, but won't ride on them for any length of time. I consider it courting disaster.


I must agree. I know both my mares are okay with traffic, but I won't ride on the roads unless I have to. I feel that it's too risky.


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## Reiterin (Mar 28, 2010)

Same thing if one of your animals get out and are in the road, some one drives by and hits it. You, the owner of the animal, is at "fault." Sad but true.


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## SailorGriz (Nov 28, 2010)

If your horse freaks out at stuff on the road I don't think you should be on the road. It's not just a liability issue--your horse freaking out could cause injury to you and/or your horse.

You need to get your horse settled down enough to not freak. Then, as suggested by others, try to avoid riding on roads as much as possible, anyway.

'Cause, yeah, like they say, you're liable for any damage.


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## PaintHorseMares (Apr 19, 2008)

You should check your state laws, but in most states horses have the right of way on the roads from laws dating back to the time of the first automobiles. I ride the roads a lot and if a car is close enough for your horse to kick (and I've never seen a horse kick a car) the car is not giving you enough space to be safe.


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## riccil0ve (Mar 28, 2009)

The joys of livestock. As far as I'm aware, livestock owners everywhere are responsible for any and all damage caused by said animal. That includes breaking through a neighbors fence, the destroyed garden your pony ate, or if your horse is hit and killed by a car. =\
_Posted via Mobile Device_


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## amymarie57 (Feb 20, 2011)

I live in PA too. A week ago I heard through the vine of this random incident where an (escaped?) horse ran out into the road and was hit by a car. This happend somewhere on a random country road and no one is claiming the horse as their own ...probably because they know they'll have to pay for the damages. So definitely get insurance if you can, because you never know what will/can happen. Even freaky incidences like this one. I'm still shocked because this is the first time I've heard of a horse being hit around here


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## amymarie57 (Feb 20, 2011)

Be careful on roads! Some drivers go WAY too fast, don't give enough room, and some idiots think it's funny to HONK :shock: they have no idea how dangerous that is.


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## phantomhorse13 (Feb 18, 2011)

i know of one person who was struck by a pickup while riding her horse down the shoulder of the road she lives on. the driver, for some unknown reason, swerved out of his lane and hit the lady and her horse (who was minding his own business, walking along). horse went down (broken hip, was later euthanized) and the lady was lucky to have suffered just a broken arm.

the police were called by an oncoming motorist, who witnessed the whole thing. the insurance companies are still fighting about it (its been like 3 years now), despite the (to me) clear at-fault by the pickup driver.

even though horses are supposed to ride with traffic, since this incident, i will ride facing traffic, even if i have to cross the road to do so. dreams is totally quiet in traffic, but that won't help when the out-of-control driver comes up behind you before you realize what is happening.

if you even think your horse _may_ act up in traffic, get off and lead along the road. it's just not worth it.


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## Ladytrails (Jul 28, 2010)

....or HONK and WAVE their arms out the windows! or accelerate and spray gravel with their tires! Yikes! Normal traffic often won't bother the horse but there are lots of things that can be problems. 

I have to ride on gravel roads in our rural area to get to my riding pastures, so the first thing we teach is how to take the ditch and get off the road into the grass. Don't tolerate any fuss, no discussion, just get over there! If they're up on the bank, near the fence, there's less chance of them overreacting and getting too close to the vehicles.


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## QOS (Dec 8, 2008)

I do know that one is liable for their livestock if they escape their pasture/enclosure, etc. and someone hits them. You would be responsible for damages. Having said that...if you are riding the horse down the road I don't think it would be any different than riding a bicycle. If someone hits you when you are not doing anything different than a bicyclist would, I think that they would be liable. 

If your horse is not used to traffic or is spooky, not chance it. Your life could depend on that. Biscuit has been ridden down many roads by the "trainer" that had him for year and I understand that he is totally unconcerned about traffic. I have crossed country roads on him but I don't like to ride down roads!!


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## wetrain17 (May 25, 2011)

My horse is okay with traffic. I have ridden him on roads in short distances before and he's been great. (not a fan of motorcycles, but never gets out of control) I've just noticed some of the drivers pass very close to us. If something were to happen, I was just curious who would be at fault. If someone was driving their car and passed someone on a bike who lost control and fell off and happened to hit them and break their arm, would the motorist's insurance pay for the damages? I guess it all comes down to who has the smarter lawyer...


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## PaintHorseMares (Apr 19, 2008)

wetrain17 said:


> I've just noticed some of the drivers pass very close to us. If something were to happen, I was just curious who would be at fault. If someone was driving their car and passed someone on a bike who lost control and fell off and happened to hit them and break their arm, would the motorist's insurance pay for the damages? I guess it all comes down to who has the smarter lawyer...


Here is an example of the statute in NC.

_§ 20-216. Passing horses or other draft animals.
Any person operating a motor vehicle shall use reasonable care when approaching or passing a horse or other draft animal whether ridden or otherwise under control. (1917, c. 140, s. 15; C.S., s. 2616; 1969, c. 401.)_

When I started riding the busier roads years ago, I talked with the NC DOT about cars passing too close for my comfort and their response was that horse/riders had a right to the road, and I should not try and hug the side of the road, but rather ride down the _middle_ of the lane (like a motorcycle). In their eyes, there was no difference between cars having to slow down to pass a horse/rider and having to pass a horse/carriage or a slow tractor. I've used the whole lane ever since and it does force cars to slow down and be much more careful when they pass. I've never received a rude remark although there are some (well wishing, I would like to believe) ones that don't know better and honk their horns. I don't have a death wish, however, and only do this when there is a clear line of sight down the road...I certainly don't want to be in the middle of the lane around a blind curve.


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## kathyk (Apr 27, 2011)

I live in PA and checked on liability insurance because the farm where I ride often uses road to trail ride. These are paved roads, frequently used by cars with minimal shoulders. YOU are responsibile according to the agent I spoke with. You can purchase a policy for about $300 a year. If I end up boarding at this farm, it's the first thing I buy after the horse and before the saddle!


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## bsms (Dec 31, 2010)

I think the situation is a lot more complex that some posters indicate. I'm not a lawyer, but here is a link to a number of court cases involving horses:

Horse/Car Collisions

Some examples:

"
Plaintiff Jackson was injured and her vehicle totaled when he collided with defendant’s horse on a farm to market road. He sued and the Court of Appeals held that although this portion of the county was open range and although there was no statute creating a duty to keep horses off the farm to market road, there was a common law duty to keep horses off the highway, which defendant violated in this case. For that opinion, go to *Gibbs v. Jackson.*
The Texas Supreme Court disagreed. It held that the legislature has closely regulated the matter of when a horse owner has a legal duty to keep horses off of public roads and it did not include the farm to market road involved here. It was not a U.S. highway, nor had the citizens of the county conducted a local option election to opt out of the open range provisions that otherwise apply. Accordingly, defendant had no duty to keep his horse off the highway."


"Brad Atkins was driving to work around 3:10 a.m. on November 23, 1994, on South Dakota State Highway 17 near Lennox, South Dakota. He collided with three horses which were on the road and belonged to Stratmeyers. Atkins' vehicle rolled into the ditch and he sustained physical injuries. Atkins' total damages, including medical, lost wages, and property damage, was about $76,000. The jury found in favor of Atkins and awarded Atkins damages of $100,000 and his wife Lori $1,000 for loss of consortium."


"On January 21, 1987, the defendants' horse was hobbled yet leaped the fence surrounding its paddock. In the defendants' attempt to recapture the horse, defendant James Atwell stood in the middle of Coldwater Road in Richfield Township in order to stop traffic. Plaintiff Rita Gould was driving on Coldwater Road and claimed that she completely stopped when she saw Atwell in the road. The horse then ran into the end of her car. The sight of the damage to the horse allegedly caused Rita Gould to experience nightmares, constant crying, and hyperventilation...She sued, claiming that permitting the horse to run free violated a Michigan statute and that stopping the traffic in the highway violated another statute. The Court of Appeals held that the first statute did not help plaintiff because it was limited to creating liability for injuries to property, not person. However, Atwell does appear to have violated the second statute and a claim of negligence could be based on that violation of law."


In any case, I won't be riding along any paved roads with my horses. I'll lead them, but neither is calm enough to justify the risk to ME of riding them along a road with traffic!​


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## wetrain17 (May 25, 2011)

*§ 3103. Persons riding animals or driving animal-drawn 
vehicles. 
(a) General rule.*--Every person riding an animal or driving 
any animal-drawn vehicle upon a roadway shall be granted all of 
the rights and shall be subject to all of the duties applicable 
to the driver of a vehicle by this part, except those provisions 
of this part which by their very nature can have no application 
or where specifically provided otherwise. 
*(b) Limited access highways.*--No person shall ride an animal 
or drive any animal-drawn vehicle upon a limited access highway. 

That is what I found on the PennDot website. 

I took my horse out this past weekend. We have to walk about 6 tenths of a mile to get to the local park that has a lot of trails. He was wonderful! Never flinched at any car. He did jump to the side a little when he were passed by a cyclist, but we did not know he was coming up behind us. I wish cyclists would say something as they were coming close. He was all of a sudden right next to us, moving pretty fast too. 

I have ridden my horse on the road before, but never for that distance. I was very pleased with him. I only plan on taking him out for a hack about once a week.


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## Sapphire (May 31, 2011)

Where I live horses have the right of way and if a car passes without slowing or moving out enough and an accident occurs, the driver is at fault. Try to ride out with another horse and rider if possible, when there are two of you it takes up more space on the road and the drivers have to slow down or they wont get past.


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## natisha (Jan 11, 2011)

Here in Wisconsin horses have the right of way, ridden or driven. The law even states that a horseman has the right to request a motorist to turn off their vehicle in the event of horse control issues.
However, few people know of this law & once they find out it could be too late for all involved. Best not to test this rule of the road.
State law also says a horse must travel with the direction of traffic. This IMO is totally wrong as it relates to a horse's vision. Their blind spot with the head in riding position, is directly behind & a little to each side. This is why they startle when a bike or vehicle comes from behind. They see nothing, then suddenly something pops into view.
I always ride facing traffic. This way we both can see what is coming & if I see something that may cause an upset I have time to find a safe ditch, driveway or some other spot to ride into until the 'something' has passed.


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