I Had to Slow My Vehicle Down Due to my Cats and Was Rear-Ended. Who is at Fault?

Most vets recommend that all pets be safely restrained during vehicle travel.  Cats and kittens should never be allowed to roam free in the car, as they are highly unpredictable.  They are more likely to freak out and claw the passengers or driver, and jump around in the car.  It’s possible that they may even get caught on the driver’s floorboard and could prevent you from braking and cause an accident.  More importantly, your cat can be severely injured if you have to come to a sudden stop.  Objects within the car continue at the original speed until they are stopped.  If you’re driving 40 miles per hour and have to brake suddenly, your cat becomes a 40-mile-per-hour missile, which could lead to the death of your pet.

The law does not require that you restrain your pet in a vehicle.  While there is no specific legislation, there is still a duty of care required by the owner to look after the safety of the animal.  Exposing them to unnecessary danger or injury is considered a breach. 

If the person who rear-ended you decides to bring suit against you, they may claim negligence based on the fact the defendant breached the duty of care of the animal, which was partly to blame for the accident.  A term called “comparative negligence” may be applicable in this case.  Comparative negligence is applied to a situation where each party involved is responsible for some degree of negligence.  However, if a determination of contributory negligence is established, this means that your actions contributed to the accident.  Under this rule of law, if a party suffers injury due to his or her own partial negligence, they are precluded from recovering any damages. 

When you are traveling in a vehicle, it’s best to make sure that everyone is safely buckled in.  That includes your pets as well as yourself and your passengers.