Morally or Legally right

[Casey511]

Family Pet Injury

What is the name of your state? Texas

Last week, our family dog, dug under the gate and got out while we were at Church. It was around 7:00 pm. He was standing in the street in front of our house and an driver hit her while the driver was talking on the phone and seemingly distracted. An eye witness saw the whole thing and reported it to our family. The driver said it was dark, but on a well lite street, and our dog is grey.

There was extensive injuries to the tune of $2,000 Medical bills. The individual who hit the dog is not willing to pay for any part of the bill. I understand there is potentially dual neglients on both parties. I know we can go to small claims court but I am not sure what any past cases show. Any thoughts or ideas on how to proceed and what my changes would be?

 

[racer72]

You have no case. Your dog does not belong in the middle of the road. You are fully negligent for not having your dog properly trained or properly restrained. We see threads exactly like this every few weeks and the answer is always the same.

 

[Casey511]

Ok then . . .

I understand a pet is considered " personal property" . . . what if this was a child who ran out into the street after a ball? Does that change the picture? I certainly appreciate all the advice. This is all new to me.

 

[CdwJava]

I understand a pet is considered " personal property" . . . what if this was a child who ran out into the street after a ball? Does that change the picture? I certainly appreciate all the advice. This is all new to me.

Same thing - a child does not belong in the middle of the road. The driver's insurance MIGHT pay for some of the medical bills for a child, but the fault will almost certainly be the pedestrian who darted into the road.

If the child was "standing" in the middle of the road, depending on state law, the driver might be found at fault.

As for a dog, I suppose if someone wanted to push the issue they might be able to make a claim due to the driver's negligence. But, the actual dollar value of the dog (replacement value - not sentimental value or medical costs) is likely to be minimal.

- Carl

 

[teflon_jones]

The fact is that the dog was in the middle of the road where it didn't belong. If it was a child, it would be the same case.

 

[Casey511]

Does not make sense

The fact is that the dog was in the middle of the road where it didn't belong. If it was a child, it would be the same case.

So if a child was walking down a road where there is not a side walk, or riding a bicycle in the street the assumption you are saying is that the dog or a kid should not be in the street and the driver does not have responsibility to steer and clear the object??? The fact that an "obsticle" is standing still in the street being what ever the case seem outrageous. I know I put a spin on the story but where is the line drawn for neglegence on the drivers part????

 

[CdwJava]

So if a child was walking down a road where there is not a side walk, or riding a bicycle in the street the assumption you are saying is that the dog or a kid should not be in the street and the driver does not have responsibility to steer and clear the object??? The fact that an "obsticle" is standing still in the street being what ever the case seem outrageous. I know I put a spin on the story but where is the line drawn for neglegence on the drivers part????

It depends on the vehicle codes in your state.

In my state, a bicycle should be ridden to the right hand side of the road - not in the middle of the road ... A pedestrian NOT on a sidewalk should be walking against the flow of traffic as close to the curb as possible ... the inattention of the driver might be construed as partial liability for civil purposes, but criminally, if the person was standing in the roadway, it is likely that the pedestrian would be the party most at fault for the collision.

Essentially, unless the pedestrian was in a place they had a lawful right to be, most the liability would be on the pedestrian. A roadway is not generally a pedestrian location.

- Carl

 

[teflon_jones]

So if a child was walking down a road where there is not a side walk, or riding a bicycle in the street the assumption you are saying is that the dog or a kid should not be in the street and the driver does not have responsibility to steer and clear the object??? The fact that an "obsticle" is standing still in the street being what ever the case seem outrageous. I know I put a spin on the story but where is the line drawn for neglegence on the drivers part????

Those are entirely different circumstances than what you described. Your dog ran out into the road, and was hit. If it had been your child instead, and the driver couldn't avoid them, it's not the driver's fault. The line for negligence in this case is simple: your dog wasn't leashed or otherwise confined and ran out into the street. So you are negligent. In fact, if the person's car was damaged, they could sue you for the cost of the repairs.