Laws Crashing Pets On the Highway To The Dead - Often we are annoyed with pet actions that wander the streets. Buffalo, cow, goat and various types of poultry do not rarely scramble with motor vehicles in the use of roads. The owners of these animals simply let go of their pets to feed around the street unattended.
Once a motorcyclist had an accident falling from his motor vehicle for crashing a young goat that suddenly crossed the street. The rider in the shock act of the goat kid did not have time to dodge and hit the kid goat to death. While he himself fell along with a motor that in kendarainya and suffered injuries in his body and the motor that he drove to experience damage.
The goat owner was grumpy and almost beat up the owner of the vehicle. The owner of the goat asks for compensation for the death of his pets. However, motorists instead demanded behind the owner of the goat compensation for damage to the motor and the injuries he suffered because of hit the pet.
The hamper rush is inevitable between the owner of the young goat and the motorist. Fortunately, RT where the crime scene is able to reconcile them.
In fact, in Law No.22 of 2009 on Traffic and Public Transport ("Law No. 22/2009") and the Civil Code ("Civil Code"), Regarding the issue of motor vehicle hitting a pet that passes in so the pets are killed and the motor is damaged, mentioned:
It is stated in Article 1 number 24 of Law no. 22/2009 that:
"Traffic Accidents are an unexpected and accidental incident on the Road involving Vehicles with or without other Road User resulting in human casualties and / or property losses."
As for the obligations and responsibilities in a traffic accident:
Article 234 paragraph (1) of Law No 22/2009 provides that
"The driver, the owner of the motor vehicle, and / or the public carrier company shall be liable for damages suffered by passengers and / or owners of goods and / or third parties due to negligence of the driver".
However, the exceptions to this article are regulated in Article 234 paragraph (3) of Law no. 22/2009 which states:
"The provisions referred to in paragraph (1) shall not apply if:
a. The existence of coercive circumstances that are inevitable or beyond the ability of the Driver;
b. Caused by the behavior of the victim himself or a third party; and / or
c. Due to the movement of people and / or animals despite precautions taken.
So in the case above, motorists meet the elements in the exceptions as set forth in Article 234 paragraph (3) of Law no. 22/2009 which are:
accidents caused by animal movement despite precautionary measures or may be categorized as coercive circumstances that are inevitable or beyond the ability of the Driver.
In the explanation of Article 234 paragraph (3) letter a Law no. 22/2009 states that:
"What is meant by" coercive circumstances "includes circumstances technically unavoidable by the Driver, such as sudden movement of people and / or animals".
Thus, the motorists according to the above incident shall enter into the exemption as stipulated in Article 234 paragraph (3) of Law no. 22/2009, and the owner of a motor vehicle can not be held responsible for the death of the young goat.
However, this only applies if the child of the goat crossed the road abruptly (not being herded) or the owner of the motor vehicle has done the prevention of the accident.
Article 1368 of the Civil Code provides that:
"The animal owner, or whoever wears it, as long as the animal is worn, is responsible for the harm caused by the animal, whether the animal is under his control or the animal is lost or out of control."
Unlike the case when the goat who crossed the road is being herded by the owner.
Article 116 paragraph (2) letter b Law no. 22/2009 stated that
"The driver must slow down his vehicle if it passes non-motorized vehicles drawn by animals, ridden animals or animals being herded."
If the obligation is not in the dires by motorists, then the owner of the goat can sue motorists for the death of their goats.
"The party causing traffic accidents as referred to in Article 229 of Law 22/2009 shall be required to indemnify the amount of which is determined based on the decision of the court".
Based on those articles, the owner of the child of the goat is considered to be the party causing the traffic accident and can be claimed for compensation in accordance with Article 236 paragraph (1)