Re: Pet Hit by Car and Died
I watch court shows on TV all the time, and there's one of these cases every month, and it always goes like this:
1 -Car was speeding - Every plaintiff says the car was speeding, and every defendent says no, they were only going 5 mph..
2- Street was located in a mobile home park -Doesn't matter, there is usually a local leash law, and they do not exempt mobile home parks.
3 -Dog ran into street -Sounds like dog was not on a leash
4 -People dont think it was there fault -If the dog is NOT on a leash, they're right, they're not at fault
Also, I've seen defendents countersue for damages to their cars and win. Hope the car didn't get dented.
Re: Pet Hit by Car and Died
The onus is on the ower of the pet to keep that pet controlled (as required by law, usually at BOTH the city and county ordinance level) and OUT of the lanes of traffic (where cars belong, and dogs do not). Same thing often applies to children who run out into the street, or people who are jaywalking across streets instead of using the designated areas meant for pedestrians. In such cases it's very rare for even a ticket to be written to the driver, unless there was some eggregious circumstance such as DUI playing a factor or unless some substantial evidence of other wrongdoing on the part of the driver can be shown (ie unless you've got 40 yards of skidmarks to show that the vehicle was obviously traveling well above the posted limit).
As noted, if there was damage to the car, you could be liable for those damages, if your "property", in the form of the dog, was in the traffic lane where it shouldn't have been.
Re: Pet Hit by Car and Died
My neighbor's dog was off it's leash and was hit by a car. My neighbor had to pay for the damages to the car.
Re: Pet Hit by Car and Died
Most localities have stringent leash laws - so stringent that even your licensed dog may be taken to the pound and destroyed in a few days if not promptly claimed.
And you get socked with fines, regardless.
If your dog was off his leash and he was hit, it is highly unlikely the driver will be cited. It is highly likely that you, however, will be found in violation of your local leash laws.
This is not to say I am unsympathetic towards you. I am horrified by the loss of your dog. This is the reason for leash laws, to save us the horror and heartache of losing a beloved friend.