What is the name of your state? Oregon
My 9-month old, 100lb Great Dane/Lab mix got out of my family's back yard through a gate left open by servicemen while I was away. He was hit by a Ford Ranger being driven by a county tax worker who was looking for house addresses instead of at the road (posted mph 25). Repair of injury to dog's leg has so far totalled over $2000 (emergency care at local vet with referral to and surgery by nearest vet hospital). This does not include the gas & time it took to get him to nearest capable facility (3.5 hr drive each way, 2 trips total), nor any follow-up care necessary (4-6 weeks in cast w/weekly visits to local vet @ min. $25ea; suture removal at $?? recasting at $50-$90, more xrays @ 6 wks at min. $50 and post cast physical therapy --performed by me)
Driver refuses to accept any financial liability at all, saying dog should not have been out of yard. Doesn't comparative negligence exist in Oregon? This happened right in front of the house - dog was not out of yard for more than the time it took to leave through gate in back yard and B-line towards kids on other side of neighborhood street - just minutes. All I'm asking for is at least half the costs, as I was in dire straights when this happened and have literally been bled dry by this event. I don't even have enough to take care of all of the post-surgery care described above. I just moved here, having been run through an emotional and financial ringer, and hadn't even had a chance to look for work yet! I need to know what my rights are and what the proper procedure would be to exercise them.
Like I mentioned above, although he wasn't driving what was marked as a county vehicle, I do know he was within the course and scope of his work for the local county. I have two witnesses who saw the accident and say the driver didn't even brake, his attention turned the other direction, until he completely ran over the dog's leg. The seriousness of the injury, when you consider the height of the dog to the height of the vehicle, suggests this as well. A random attorney suggested contacting the county commissioners and then small claims court.
Thank you very much for whatever help you can offer!What is the name of your state?