Hit and run resulting in pet being killed.

[raytheonman]

What is the name of your state? California.
A few days ago, my dog got outside to the front of the house. I live in a normal neighbor hood with little traffic with a posted speed limit of 25mph. My wife and I ran after the dog and the dog ran into the middle of the street. At this time there was no traffic on the street. My wife walked out to pick up the dog when a fast moving truck turned onto our street from the main street. The truck had about 700 feet to slow down or stop but choise not to. My wife screamed and waved both hands in the air to get the drivers attention to stop and look out for the dog. The driver ignored all our warnings and hit our dog resulting in death to our dear pet of 10 years. The driver continued to drive down our street at a reduced speed and made a u-turn and started driving back towards us. I jumped out in the middle of the street to stop the driver and screamed at the driver to "stop". The driver the sped up and drove up onto the side walk to avoid stopping for me and drove down the street to run from this accident. I got the licence of the truck and then followed the truck. The truck finally pulled over and I then called the police to come to our location. The driver confessed to speeding and talking on a cell phone and later acknowledged to hitting our dog. The police failed to cit the driver for leaving the area of the accident.
Question: I know I have a case in the small claims court. How do I figure in pain and mental anguish for the loss of our pet of ten years? Are we entitled to it? Our children, both 9 and under witnessed this event and are very upset with the loss as with my wife and I. Is there anything else I can ask for in court? Our dog died before reaching the pet hospital so there is no medical bills. We have several witnesses who saw what happened. Any advice would be greatly appreciated. Thank you.

[Shay-Pari'e]

I'm sorry for your loss, but what makes you think you have a case? Your dog was loose in the road, who's fault is that?

[racer72]

If I was the driver of the vehicle that hit the dog I would be inspecting it for any damage. If there was any, you would be liable. The simple fact is your dog was where it did not belong. Dogs are considered property, not family members and as such there can be no claims for any emotional loss. You have no claim, that was the reason the driver was not cited.

[rachel4]

Originally Posted by racer72

If I was the driver of the vehicle that hit the dog I would be inspecting it for any damage. If there was any, you would be liable. The simple fact is your dog was where it did not belong. Dogs are considered property, not family members and as such there can be no claims for any emotional loss. You have no claim, that was the reason the driver was not cited.

racer, that was cold hearted:, (just like the law.) In a perfect world, dogs and kids and grandpas with Alzheimer's never wander off and get hit by vehicles

OP: There are fewer more heart breaking things in life than to lose a pet, esp. having witnessed it with your kids!!!! I feel for you. I went thru a similar experience years ago, except a neighbor came to tell me my dog was loose (he had gotten out of the yard w/o my knowing ), and by the time I found out, he was already hit, dying in the street right down the block. It was horrible, and I'll NEVER forget it. The driver never stopped, but other drivers did stop to offer any help.
We were heartbroken, and foolishly thought we could replace him by getting another puppy (same breed) THE NEXT DAY.. Of course, it wasn't the same, and we never really bonded with this new dog, but he was part of the family for a long time.

I know this is off the subject, but, I would like to suggest getting a Boston Terrier puppy after you and your family have properly mourned your beloved pet
They are great dogs , I've had keeshonds and labs, and my BT is the best dog EVER, by far. He is very smart, comical, loyal, and won't run off.
Good luck.
rachel

[Litigation!]

Originally Posted by rachel4

racer, that was cold hearted:, (just like the law.) In a perfect world, dogs and kids and grandpas with Alzheimer's never wander off and get hit by vehicles
rachel

My response:

It's not "cold hearted." It's the law, and that's why people come here. They don't come here for a warm blanket, or to read what they want to read. Well, some do. But, that's not the point.

Oh, and I just love this statement: "I know I have a case in the small claims court."

Um, no you don't.

IAAL

[Shay-Pari'e]

Originally Posted by rachel4

racer, that was cold hearted:, (just like the law.) In a perfect world, dogs and kids and grandpas with Alzheimer's never wander off and get hit by vehicles

OP: There are fewer more heart breaking things in life than to lose a pet, esp. having witnessed it with your kids!!!! I feel for you. I went thru a similar experience years ago, except a neighbor came to tell me my dog was loose (he had gotten out of the yard w/o my knowing ), and by the time I found out, he was already hit, dying in the street right down the block. It was horrible, and I'll NEVER forget it. The driver never stopped, but other drivers did stop to offer any help.
We were heartbroken, and foolishly thought we could replace him by getting another puppy (same breed) THE NEXT DAY.. Of course, it wasn't the same, and we never really bonded with this new dog, but he was part of the family for a long time.

I know this is off the subject, but, I would like to suggest getting a Boston Terrier puppy after you and your family have properly mourned your beloved pet
They are great dogs , I've had keeshonds and labs, and my BT is the best dog EVER, by far. He is very smart, comical, loyal, and won't run off.
Good luck.
rachel

That was not cold hearted. Do you think the guy came for legal advice? Of course he did, and he was told he has no case.

PS. your story was boring. Most people have been through a loss of a pet, me included.

[rachel4]

Originally Posted by Shay-Pari'e

That was not cold hearted. Do you think the guy came for legal advice? Of course he did, and he was told he has no case.

PS. your story was boring. Most people have been through a loss of a pet, me included.

YOU are boring (and unoriginal )in that you had to repeat the fact that "that was not coldhearted," as was already pointed out to me by the 2nd poster in this forum. Yes, it IS coldhearted for someone to rub salt in the wound to state that he would actually "look for damage to his car..." The statement was unneccesary.
And you are also a little thickheaded to miss the slight sarcasm in my statements. It may be the law, but the law doesn't have to be pretty now, does it...

PS. My boring story was not meant for you.

[stealth2]

Originally Posted by rachel4

I know this is off the subject, but, I would like to suggest getting a Boston Terrier puppy after you and your family have properly mourned your beloved pet
They are great dogs , I've had keeshonds and labs, and my BT is the best dog EVER, by far. He is very smart, comical, loyal, and won't run off.
Good luck.
rachel

Yeah - if you like big fat bulgy eyes. Yuckamadoo!

OP - the fault is as much yours as the driver's.

[racer72]

Originally Posted by rachel4

racer, that was cold hearted:, (just like the law.) In a perfect world, dogs and kids and grandpas with Alzheimer's never wander off and get hit by vehicles

[url]http://www.crymeariver.com[/url]

[Shay-Pari'e]

Originally Posted by rachel4

YOU are boring (and unoriginal )in that you had to repeat the fact that "that was not coldhearted," as was already pointed out to me by the 2nd poster in this forum. Yes, it IS coldhearted for someone to rub salt in the wound to state that he would actually "look for damage to his car..." The statement was unneccesary.
And you are also a little thickheaded to miss the slight sarcasm in my statements. It may be the law, but the law doesn't have to be pretty now, does it...

PS. My boring story was not meant for you.

Then why did you post it on the internet?

[rachel4]

Originally Posted by Shay-Pari'e

Then why did you post it on the internet?

Not for you.For everyone BUT you. In fact, you're not allowed to read any of my postings anymore

[Shay-Pari'e]

Originally Posted by rachel4

Not for you.For everyone BUT you. In fact, you're not allowed to read any of my postings anymore

Well, if you could figure out how to accomplish me not reading your posts, I would be so thankfull.

Untill then, you are posting for the world to see.

[Blue Meanie]

Originally Posted by rachel4

Not for you.For everyone BUT you. In fact, you're not allowed to read any of my postings anymore

What are you..like 12??

[Shay-Pari'e]

Originally Posted by baystategirl

What are you..like 12??

I cracked up reading it, I was just dumb founded!

[Blue Meanie]

Originally Posted by Shay-Pari'e

I cracked up reading it, I was just dumb founded!

Another "usefull" member of the FAF.....