What is the name of your state? Virginia
I'm asking this for my aunt and uncle who don't have internet access.
A few weeks ago, my uncle and his dog were outside at night. The dog went into the road without my uncle's knowledge and a vehicle hit and killed the dog. The vehicle hit the dog so hard that the license plate came off and the dog was found 10 to 20 feet away in a field. The driver didn't stop and when the police questioned him later that night, he claimed that he thought he hit a possum. Around here, possums usually weigh around 10 pounds or so while the dog weighed 103 pounds.
No one knows if the driver was drunk, not paying attention, and/or driving over the speed limit. There is no law (that we can find) that says a driver must stop if they hit an animal. However, there is a law that says a driver must stop if they hit someone's property; they must contact the property owner. A dog (or companion animal) is considered someone's property. There is also a law that says a dog is not allowed to be off the owner's property unless it's controlled by a leash.
The question is: who is at fault - the driver or the owner? Basically, who would a judge/jury side with?
We just want a (legal) opinion on this matter. We do not plan to use this information in a court or lawsuit or anything like that. We just want an opinion, that's all.What is the name of your state?What is the name of your state?
I'm asking this for my aunt and uncle who don't have internet access.
A few weeks ago, my uncle and his dog were outside at night. The dog went into the road without my uncle's knowledge and a vehicle hit and killed the dog. The vehicle hit the dog so hard that the license plate came off and the dog was found 10 to 20 feet away in a field. The driver didn't stop and when the police questioned him later that night, he claimed that he thought he hit a possum. Around here, possums usually weigh around 10 pounds or so while the dog weighed 103 pounds.
No one knows if the driver was drunk, not paying attention, and/or driving over the speed limit. There is no law (that we can find) that says a driver must stop if they hit an animal. However, there is a law that says a driver must stop if they hit someone's property; they must contact the property owner. A dog (or companion animal) is considered someone's property. There is also a law that says a dog is not allowed to be off the owner's property unless it's controlled by a leash.
The question is: who is at fault - the driver or the owner? Basically, who would a judge/jury side with?
We just want a (legal) opinion on this matter. We do not plan to use this information in a court or lawsuit or anything like that. We just want an opinion, that's all.What is the name of your state?What is the name of your state?
