[hunterkalebmom]

My dog, a rat terrior, was playing in the yard with my children Sunday afternoon and she ran across the street to see the neighbors dog. My children were yelling for her to come to them when she was hit by a van with a trailer on the back of it in the street. We immediately took her to the vet, and she did have surgery. Her bill is $513.
I need to know if the driver is liable at all for hitting my dog. I live inMissouri

[suddenImpact]

The drivers insurance may cover it, but personally I don't think it should. It is not the drivers fault if your dog was not on a leash, or chain. To me that would be like someone trying to sue the state because they hit a dear while driving on the highway.

Don't blame someone else for you not chaining up your dog.

[Justice Matters]

At best the driver could only be found to be contributory negligent since your dog should have been under the control of a person and ideally on a leash.

A person driving through a residential area does have a duty of care to be watchful for possible hazards (ie. Children or cyclists on the street) and needs to abide by the posted speed limit. If you could demonstrate that the driver was negligent in either of these areas then it's possible the driver could be found to be partially responsible, however, it could be difficult, if not impossible, to prove.

[excon]

Hello hunter:

The driver isn't liable for a dime. YOU are responsible for controlling your pet, 100% of the time. You didn't. Bummer for the dog.

excon

[RubyPitbull]

Hunter, you need to check you local leash laws.

Most states and townships have a law on the books now that covers this. It is called "Running at large." Bottom line is, if your dog is not on a leash and is "running at large", you are responsible for your dog, as excon states. As upset as you are about your dog, think of how upset you would be if an unleashed dog attacked one of your children. Who would be responsible for that? The owner of the dog.

I hope your dog is okay. Think of this as a very expensive lesson learned. Please keep your dog safe by ALWAYS making sure that he is on a leash or a tie-out if he cannot be supervised on your property by you or your spouse.

[Fr_Chuck]

If you live in the city, there will be most likely leash and tie up laws, many rual areas don't have leash laws.

But even at best the driver would not be 100 percent liable since the pet owner has some legal responsibility to control their pet.


And I can compare that to out here in the country. If this was a cow, horse, goat or some animal like that and you car hits them, the owner of the animal has to pay for damages to the car.

[CaptainForest]

I like Justice Matters' answer.

I know someone who ran over a dog about a year ago.

The dog just jumped out in the middle of the road, therefore she was NOT responsible.

If this driver intentionally drove over your dog, sure he is responsible.

But, there is NO way for you to prove that, nor do I think anyone would intentionally run over a dog.

Your dog most likely ran out in the middle of the road and the driver didn't see until the last second (at least that is what happened with my friend)

[RubyPitbull]

Captain, I don't like disagreeing with you, but I find I must, just a tiny bit here. Unfortunately, there are people who do intentionally run over dogs. I have seen it happen, and I know others who have witnessed someone purposefully running over a dog or cat. I could relate a number of incidents I have been a witness to regarding what people purposefully do to animals, but it is not appropriate or in the best interests of this posting.

However, I do agree with you in that I do not believe the driver intentionally drove over this dog, or was driving recklessly for that matter. The amount of the vet bill tells me that the driver was not driving that fast, and did his best to avoid the dog when he saw it.

In the end, all Hunter has to do is ask the driver if he is willing to pay the bill or split it. She could also try to recoup some money through the driver's insurance. It doesn't mean she will be compensated, but it doesn't hurt to try if she is intent on recovering monies. She just needs to be prepared to have that leash law cited to her as a reason for non-payment, if indeed there is one in place where she resides.

[ScottGem]

I'm not so sure here. If it was one of the children who ran out into the street and got hit, wouldn't the driver be, at least partially responsible? Just because it's a pet, why should that eliminate responsibility?

Yes, leash laws do play a part here. Just as parental responsibility would, if it was a child.

What I would do is file a claim with the driver's insurance company and see if they will pay anything. If they don't look at the reasons they give and then you can decide whether suing them and the driver is worthwhile.

[excon]

Hello again:

I think we're letting our sympathies for dogs and children get in the way. If the driver DID NOT violate the law, and there's not one iota of evidence that he did, then he can't be held legally responsible - not even partially. And, I don't believe it would change if he hit a child.

Look, I love warm puppies and children too, but if I was the driver, and did NOTHING WRONG, I would not make a claim on MY insurance. IF the parent did, I'm sure my insurance company wouldn't pay a nickel. It's hard enough to get them to pay when they're supposed to. I certainly don't expect them to pay when they're not.

Should the driver take on some personal responsibility?? Other than being a gentleman about it, NO.

excon

[RubyPitbull]

I do agree with you excon. However, I believe that both you and Scott are a little off base when it comes to your thoughts and the law, regarding the difference between someone hitting a dog or a child. Even if the driver is not at fault, when it comes to children, the law isn't as cut and dry as it is for pets. If it were a child, the driver must prove he was not at fault. With a pet, he does not, the burden of proof is on the owner, if it is a case such as this.

[CaptainForest]

Ruby,

You do make some good points about how some people might intentionally drive over a dog. I am sure it is out there.

But I have to agree with excon. I wouldn’t pay a single cent of this dog’s vet bills since it wasn’t my (or the driver’s) fault.

[RubyPitbull]

Oh, I agree with that fully. I wouldn't either if it were me. All I was saying is she could always ask. Nothing to lose there.