Dog Hit By Car, Legal Kinda Question?

Question

Ok..
So this afternoon my uncles two dogs, a rottweiler (sp?), and a bernice mountain dog were hit by a car. The Bernice Mt. Dog died on impact, and the other dog may not make it throught the night. It was broad daylight and each of these dogs weight well over 100 lbs. and are very visable. The woman was driving a suspended liscense, and her registration ran out about a month ago. She received two citations at the scene. My real question is.. is there any ground for my uncle to sue her due to the fact that she had no right to be on the road in the first place? She may also be getting a citation for reckless driving... any thoughts?

He didn't let his dogs run wild. They got excited and they are bigger dogs and they knocked the gate to their yard open. My uncle was on his way home from work and had no idea the dogs were even out. He was driving to his home and saw his rotweiler in the middle of the the road with police cars and ambulances all around.

Answer 1

That is sad, I hope the rotti makes it! In this country you can file a lawsuit for anything. Whether or not your uncle will win would be in the hands of a jury. While it may seem obvious to some that she should be solely at fault, unless they were on a leash being held by a person at the time this happened, the other side is going to try an prove that by letting the dogs run loose, it is your uncle's fault they were hit. He would have to come up with a good reason why they were in the road to begin with. I wish it was more cut and dry, but if dealing with the law was easy there would be no need for lawyers.

Answer 2

I understand your point, But do you understand that your uncle was also in the wrong?
You say that she had no right driving, but what right does your uncle have letting two dogs run loose?
What if this was a 16 year old that the dogs were in front of and she killed herself trying to avoid hitting these dogs?
Dogs should be inside a home with there owners or on a leash.
At least in a fenced in yard.

Surely your uncle wouldnt let his children play in the road.
How do you explain to a dog the dangers of being in the road? You dont. You take responsibility for their safety.

ADDED:
Sorry, but I did not say that he was letting the dogs run wild. Do you understand that what your telling us compares to the same story as: "but officer, I didnt see the car before I pulled out in front of it" guilty is guilty - no excuse.
You said youself, that these are bigger dogs right?
He should have had a more secure gate.
The dogs were loose-the dogs are HIS responsibility even when he is NOT there With them.
Like someone else has said here...the dogs still would have been hit if the woman had a license!

Answer 3

Unfortunately, other than her citations for the suspended license and the expired registration, and the reckless driving, I wouldn't count on anything more, even if she was at fault. In the eyes of the law, (and also in my firm opinion) your dog is your responsibility at all times, whether they are safe in your fenced yard or on the street. Whether someone with a terrible record or a clean one hit and killed the dogs is basically irrelavent, because regardless of the very sad circumstances, they are still your responsibility. I am very sorry for your uncles loss, but if I were you, I would encourage him to not persue the matter in court. As a vet I see many cases where dogs are hit by cars, and more than a dozen times that I know of, my clients have tried to seek damages against the driver.... In three of those cases, the DOG OWNER actually ended up with a citation for not keeping their dogs under control. A court battle of any type is worth it when you'll win for sure, but a loss can be VERY expensive, as court costs and citations can be very pricy. Again, I am incredibly sorry for the loss of these dogs, but there isn't much else you could do.

Answer 4

Unless she was driving through your uncle's yard, no she has no responsibility to pay any bills incured for the dogs.

It sucks. But the fact of the matter is that the dogs were in the road. Your uncle wasn't following leash laws that most every place has, placing him at fault whether she had a license or not.

Here's the bad part. Your uncle may wind up paying for any damages to the car. If there is a claim filed, the insurance company can come after him to pay for damages.

The fact that your uncle didn't know, doesn't change anything. He is still at fault for not following leash laws. If the dogs are kept in a fenced yard all day (not recommended for obvious reasons) the fence needs to be dog proofed. They weren't adequately contained.

Either way it boils down to your uncle was in violation of leash laws, and the dogs shouldn't be in the road.

Answer 5

Well unless she drove up on your uncle's yard and hit them, or hit them while he was walking down the street, and had them on a leash, you aren't able to sue for anything. The 2 dogs shouldn't have been on the road regardless whether or not the driver had her license.. If the driver had a license, the dogs would still be in the wrong.. Sorry, no big bucks for you !

Answer 6

I wouldn't pursue it, personally, but the laws where you live might be different than here. Whether or not it was your uncle's fault, they were loose, and where I live he would have had to pay a fine for breaking leash laws. I would imagine she MIGHT be able to countersue for the damage to her vehicle too, since the dogs were loose.

It probably doesn't seem fair, but I think he needs to just concentrate on grieving (and on getting a more secure gate before he gets more big dogs. I have a 110lb dog and there's no way she could knock our gate open.)

I'm very sorry for his loss.

Answer 7

You may have a problem since the dogs were on the road. Most communities have leach laws. Dogs aren't to be running free in most places.
Be happy she was under suspention or she could be sueing you.
We had to pay damages when our dog was hit.

Answer 8

I'm not a lawyer but I do not think your uncle has any case to sue. The woman had no business driving with a suspended license, but the dogs had no business being in the road. I am very sorry for you loss.

Answer 9

where do you live that this woman did not go to jail for driving on a suspended license?here in the state where I live that is automatic jail time .and no registration and she got citations? Man what an easy state where you live . yes your uncle does have grounds to sue her as she was not even supposed to be on the road . sorry for your loss . I fostered a burmese mountain dog and they are truly beautifull dogs . I hope your other dog makes it . good luck to you and your uncle.

Answer 10

i used to watch animal court all the time and i'd say yes. i think your uncle has a very good case, being as she wasn't even legal to be on the road, and she caused the death/ injury of 2 family members. that's what pets are, really.

good luck!