dog hit by driver in Kansas

[deviant]

What is the name of your state? Kansas

My doberman pincher duke was hit by a car about 2 weeks ago in front of my apartment complex. The lady was intoxicated and going about 45mph in a posted 10mph zone. I live right next to a daycare (literally within 200 feet) and it could have just as easily been a child. This incident took place at 4:30 am on a saturday night/ sunday morning. She was not even going to stop and wouldn't have if my fiancee' had not jumped in front of her car when it stopped at the stop sign at the end of my street. She claimed that she had no idea she hit anything but maybe a pothole. May i add that my injured dogs screams woke up the entire apartment complex. She came back and looked at my dog with us. He had a broken leg of course and thank god that was all. She claimed she couldn't see him because it was so dark outside (her headlights being on as well, probally would have helped) and apologized and said that she would pay half of the vet bills as well. She left me with a phone number, an address as well as a full name. She called the next day to see how he was doing too. She was supposed to pay me back for half as i stated earlier and yesterday i get a call from her yelling at me saying she is sick of us harrassing her (which we have never done) and that she was just being polite by offering to pay half and that she has no liability whatsoever for the incident. Lenexa does have a leash law and YES he was on one of the retractable one's. I didn't even see her coming (no headlights) or hear her car before this happened. If she would have been another 5 feet over it would have been me. Is there any legal action I can take against her? My concern is that she doesn't care anymore and that she will continue to drive wrecklessly ultimately ending with some PERSON's death. My dog is in alot of pain right now and i just don't think it's fair at all. I feel as though she is completely responsible. Please help.

 

[Just Blue]

What is the name of your state? Kansas

My doberman pincher duke was hit by a car about 2 weeks ago in front of my apartment complex. The lady was intoxicated and going about 45mph in a posted 10mph zone. I live right next to a daycare (literally within 200 feet) and it could have just as easily been a child. This incident took place at 4:30 am on a saturday night/ sunday morning. She was not even going to stop and wouldn't have if my fiancee' had not jumped in front of her car when it stopped at the stop sign at the end of my street. She claimed that she had no idea she hit anything but maybe a pothole. May i add that my injured dogs screams woke up the entire apartment complex. She came back and looked at my dog with us. He had a broken leg of course and thank god that was all. She claimed she couldn't see him because it was so dark outside (her headlights being on as well, probally would have helped) and apologized and said that she would pay half of the vet bills as well. She left me with a phone number, an address as well as a full name. She called the next day to see how he was doing too. She was supposed to pay me back for half as i stated earlier and yesterday i get a call from her yelling at me saying she is sick of us harrassing her (which we have never done) and that she was just being polite by offering to pay half and that she has no liability whatsoever for the incident. Lenexa does have a leash law and YES he was on one of the retractable one's. I didn't even see her coming (no headlights) or hear her car before this happened. If she would have been another 5 feet over it would have been me. Is there any legal action I can take against her? My concern is that she doesn't care anymore and that she will continue to drive wrecklessly ultimately ending with some PERSON's death. My dog is in alot of pain right now and i just don't think it's fair at all. I feel as though she is completely responsible. Please help.

You could sue in small claims court for the full amount of the vet bills. Why didn't you call the police when this happened?

 

[justalayman]

Lenexa does have a leash law and YES he was on one of the retractable one's. I didn't even see her coming (no headlights) or hear her car before this happened.

It must be awfully dark in Kansas at 4:30 am in your area

and it could have just as easily been a child.

at 4:30 in the morning?

The lady was intoxicated

and you have the police BAC test to prove this, right?

What you now have is your dog was not being controlled by its handler and allowed the dog into the street and got hit.

If you are lucky, she won;t sue you for the damage it caused her car.

You have no proof of anything other than your dog got hit and your finacee's (an interested party) testimony. That sounds like you're at fault regrdless of what you claim the truth to be.

I just don;t see a big win here on your part. You should have called the police.

 

[FlyingRon]

Those retractable leads are a bad idea for controlling dogs. We've pretty much amended the laws here to outlaw them. We now have a hard length limit on the leash. It's a shame, but you can't trust dog owners to be responsible so the nanny state has to step in.

 

[deviant]

first of all did anyone actually read my post? I WAS standing right next to him. within 5 feet and probally closer than that. she was intoxicated, yes it was 4:30 in the morning, but had it have been during the day it could have been a child, or better yet 5 feet over could have been me. There was NO damage to her car, we checked. And i apologize but the last thing on my mind at the time of the accident was to call the cops, i didn't really think that there was anything they could do and i was more concerned with getting him help as soon as possible. I wasn't allowing him to run amuck across a street, i was walking him across to the grass on the other side. I am not trying to be rude, but isn't there anything i can say to make anyone understand my point of view? I was being responsible as a handler, but i didn't even see her coming, it happened that fast!

 

[deviant]

and there were 6 total witnesses (neighbors, people outside, and people in a car that had just pulled in who saw, and my fiancee' as well as myself are not included in this total.)

 

[randomguy]

I am sure people here undestand your point of view but you're asking a legal question. As was mentioned in this thread dog is considered a property and you should be thank full that she is not suing you for tramatic strees that she received by hitting your dog, you failed to control your dog otherwise dog would not be in her path.

You can take her to small claim court and maybe judge will be nice and award you some money but that is about the best you can do. Good luck.

 

[teflon_jones]

The driver is not responsible in any way for the injuries to your dog. You failed to control the animal and it went in front of her car. You are responsible for any damages to her vehicle since you failed to control the animal.

 

[deviant]

ok duke is a 7 year old doberman. i didn't fail to control him and there was NO DAMAGE whatsoever to her car. he was not out of control by any means, he was heeling. He is the most well behaved dog i have ever owned. doesn't it make any difference that she hit him on the leash and it could have been me?

 

[ecmst12]

Were you and the dog on the sidewalk or grass when the accident occurred or on the street/parking lot? If you were in the street or parking lot, were you crossing in a designated crosswalk? If you and the dog were in the roadway when you weren't supposed to be there, then the driver is not at fault regardless of whether it was the dog or you that got hit.

 

[deviant]

we were in the apartment complex i live in's Parking lot. and in the area that's designated as walk way for the daycare across the parking lot. (daycare is less than 200 ft away)

 

[ecmst12]

With the dog on an approved leash and you both in a designated pedestrian crossing area, then I would say the driver IS at fault for hitting the dog, in this case. I do not see this as the typical "dog ran into the street" situation that gets posted about here. Anyone disagree?

You can take the driver to small claims court for the vet bills. Good luck!

 

[Zigner]

With the dog on an approved leash and you both in a designated pedestrian crossing area, then I would say the driver IS at fault for hitting the dog, in this case. I do not see this as the typical "dog ran into the street" situation that gets posted about here. Anyone disagree?

You can take the driver to small claims court for the vet bills. Good luck!

HOWEVER, *if* the leash was extended beyond the allowable leash length, things would change... and that is what the court will have to decide based on evidence presented.

 

[Just Blue]

ok duke is a 7 year old doberman. i didn't fail to control him and there was NO DAMAGE whatsoever to her car. he was not out of control by any means, he was heeling. He is the most well behaved dog i have ever owned. doesn't it make any difference that she hit him on the leash and it could have been me?

"Heel" means that the dog was at your side....not 5 feet away...

 

[holbieone]

sorry to hear your dog was hit