Bunnylady
Herd Master
Now, see - this is the part I don't understand: most people actively avoid damaging their vehicles, particularly if the cars are new (or at least, new to them), and they know that there isn't any insurance to repair or replace the damage (it's generally illegal to be driving without insurance, at least in my state; but insurance companies get sticky any way they can). A dog or cat would probably go under the bumper and cause basically no damage, but even a miniature horse is a lot taller and heavier; it would likely go up over the hood and right through the windshield. As @Southern by choice pointed out, hitting a horse isn't just guaranteed to trash your car, it's a potentially life-threatening situation. To think that this guy came cruising down this dark country road, saw some horses in the road, and decided to risk his life by deliberately slamming his car into one goes a little beyond reason, y'know? To me, the idea that he suddenly came on these big animals in the dark, realized he had a choice between hitting one, or running off into the ditch and possibly flipping his car and killing himself that way, so he chose to aim at the smallest one and prayed that he'd survive the impact seems much more reasonable.
A guy I vaguely know lost a much-loved Appaloosa mare a few years ago when several of his horses got out on the road one night. If I recall correctly, 3 horses actually got hit; the driver couldn't leave the scene because he was too badly injured and the car wasn't driveable. The only reason the horse owner wasn't charged in that case was because he was able to show the investigating officers that it wasn't negligence on his part, his fence had been deliberately cut "by a person or persons unknown." Even though it wasn't his fault, he felt terrible that his animals had nearly cost someone their life.
Seems to me that the worst this guy could be charged with is animal cruelty, because he didn't stop; if he can convince a judge that he felt it was the horse's life or his, he may get off scot-free. On the other hand, he may have at least a decent shot at suing you and the owner of the farm these horses wandered away from for the repairs to his car.
I have minis of my own, and I know how they can work their way into your heart, but I'm with Southern - as painful as your loss is, you should be glad only a horse was killed.
A guy I vaguely know lost a much-loved Appaloosa mare a few years ago when several of his horses got out on the road one night. If I recall correctly, 3 horses actually got hit; the driver couldn't leave the scene because he was too badly injured and the car wasn't driveable. The only reason the horse owner wasn't charged in that case was because he was able to show the investigating officers that it wasn't negligence on his part, his fence had been deliberately cut "by a person or persons unknown." Even though it wasn't his fault, he felt terrible that his animals had nearly cost someone their life.
Seems to me that the worst this guy could be charged with is animal cruelty, because he didn't stop; if he can convince a judge that he felt it was the horse's life or his, he may get off scot-free. On the other hand, he may have at least a decent shot at suing you and the owner of the farm these horses wandered away from for the repairs to his car.
I have minis of my own, and I know how they can work their way into your heart, but I'm with Southern - as painful as your loss is, you should be glad only a horse was killed.
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