My dog ran out of the house. We live in suburban neighbourhood. Truck owner hit dog. Dog and him are safe. He is claiming we pay damages to his car. Texas has no leash law and my claim he was driving to fast. Who is at fault ?? How should I proceed to deny his claim ?
2007-08-07 15:01:26 · 17 answers · asked by oberon3 1 in Pets ➔ Dogs
You are at fault, and you owe him for damages. Your dog was loose.
2007-08-07 15:05:29 · answer #1 · answered by mama woof 7 · 4⤊ 0⤋
If the dog was hit in the street - then you are at fault as you have a responsibility to keep control of your dog. If the car lost control and came into your yard and hit your dog - then the car is at fault because the driver has a responsibility to keep control of his car.
If there is a lot of damage to the car, you may want to file a claim against your homeowners policy. The liability coverage on your homeowners may pay for the damage to the car.
If the car owner turns the claim into his insurance company - most likely they will look to you for re-reimbursement once they settle with the car owner for his damage.
2007-08-07 15:25:47 · answer #2 · answered by Boots 7 · 2⤊ 0⤋
The vast majority of cities in Texas have leash laws, the exception being if you do not live within the city limits. In Texas you are responsible for the damages done to the vehicle. That is for dogs, horses, cattle, any animal that is in the roadway that causes property damage the owner is held liable. Sorry.
2007-08-07 15:21:18 · answer #3 · answered by 2huskies 2 · 2⤊ 0⤋
I would think the dog was at fault, meaning that the dog running in the road caused the accident... but I have no idea if the dog or its owner would be liable for damages. Your best bet would be to call a lawyer or your local police department's non-emergency number. Legal issues such as this vary from state to state, and town to town in some cases.
2007-08-07 15:05:49 · answer #4 · answered by lizzy 6 · 1⤊ 0⤋
Are you sure there is no leash laws? Almost everywhere has them now. If the dog was in the road which no doubt it was to have been hit you will probably be held at fault. i mean the truck is supposed to be on the road, but not the dog.
I would speak to a lawyer. Most will give an hour for free, but you probably will end up liable.
2007-08-07 15:05:44 · answer #5 · answered by Mr. P's Person 6 · 4⤊ 0⤋
You are liable.
In the eyes of an insurance company it is your fault your dog was running loose. So you will have to pay the damages. The insurance company of the truck driver may even take you and/or your insurance company to court to collect damages.
Here are couple laws I found a on quick Google search for leash laws in Texas.
Dog owners are required to keep their pets from running at large. On your private property, dogs must be confined by a building, wall or fence of sufficient strength/construction to restrain them, or be under your direct supervision. Elsewhere, including City parks, dogs must be kept on a leash or held in the hands of the owner or keeper.
(The first line of this says you are required to keep your pet from running at large, you dog was running at large, and obviously left your yard. A violation of the above law.)
Here is another document, http://www.co.travis.tx.us/health_human_services/pdfs/ch_52_animalcontrol_050315.pdf Take a look at the last paragraph on page 3.
Sorry my friend, no matter which way you put it, you are at fault and have to pay the damages.
2007-08-07 15:11:09 · answer #6 · answered by Bindi *dogtrainingbyjess.com* 7 · 4⤊ 0⤋
well how do you know he was driving to fast?
dog should be on a leash.
kinda hard to say, My thought is if you honestly think he could have avoided the dog if doing the speed limit maybe demying him damages is just. But if he most likely would have hit him and damaged his vehicle to miss him then I think you should at least offer to share damages. Go with your concience.
One thing if you do deside to compensate him make sure you have him sign a settlement form that protects you from him seaking further compensation and include that you are doing so in good will and do not in anyway admit any fualt or wrong doing on your part.
2007-08-07 15:08:50 · answer #7 · answered by letsget_dangerous 4 · 2⤊ 0⤋
Techniclly you are at fault for letting the dog out in the road. Cars are supposed to be on the road and dogs are not. If the car could have avoided hitting the dog and did nothing to avoid it, that might be a different matter.
2007-08-07 16:06:01 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Sorry but it's your fault. The dog was loose and it ran into the road.
If the guy driving was not on the road but in your yard than that's another story.
Your liable for his damages.
2007-08-07 15:11:07 · answer #9 · answered by ♥Golden gal♥ 7 · 4⤊ 0⤋
You are at fault.. Your dog was out there without a leash.. Unless you have radar in your eyes you can't prove he was driving too fast.. It's your fault, there wouldn't have been a collision if your dog was on the leash.
2007-08-07 15:07:25 · answer #10 · answered by DP 7 · 4⤊ 0⤋
It is your fault...sorry. It is never the driver of the cars fault, not unless he drove up in your yard and hit your dog. His life was put at risk because your dog ran in front of his car. Sorry, but you are responsible for your dogs actions...all of us dog owners are.
2007-08-07 15:09:13 · answer #11 · answered by tmrvt 4 · 3⤊ 0⤋