my dog was on a leash, on a walk with my grandma. my dog just stepped out one step on the street (she was a few steps ahead.. only) and a driver ran her over. we took her to the clinic where she died.
also, the driver was speeding in the neighborhood. going 40 miles per hour WHEN the school bus was in the neighborhood.
are there are charges?
we had her under control, we checked the sides of the street before crossing, but that driver was going mad.. speeding, so our dog was hit. we had the dog under control on a leash.
i was there. my brother and i were just getting off the school bus and saw it happen along with my grandma.
are there charges against the driver?
2007-09-30 03:07:08 · 12 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
the driver just hit our dog, and knew it, we saw her face, but she just sped up and left the neighborhood.
we also managed to get her driver's license number.
2007-09-30 03:10:46 · update #1
can we take him to court and sue him?
i think that's what my dad was going to do.
CAN we press charges?
2007-09-30 03:12:14 · update #2
the dog was in a leash and under control, yes it was able to step out onto the street, but my grandma was right behind her.
and you're not answering my question.
CAN i press charges?
even if its not over a dog? i'm also talking about speeding up to 60 miles per hour in a neighborhood.
2007-09-30 03:18:51 · update #3
mk listen.
i had a way to prove she was speeding.
my neighborhood is GATED and GUARDED 24/7. there were officers there who had one.
2007-09-30 03:20:50 · update #4
she was on the side of the street.
everyone walks their dog on the side of the road. we don't have sidewalks, and we don't step all over other people's lawns.
2007-09-30 03:23:08 · update #5
My condolescenes about your Pet. Unfortuantely I doubt the Law will be on your side. First, the Vehicle would have the right of way. IWhich means if your dog was on the road when it got hit, then the driver could acutally sue you for damages to the vehcile. Also, a school bus being on the road doesn't change the speed limit.
2007-09-30 10:12:34 · answer #1 · answered by Anonymous · 2⤊ 0⤋
I am very sorry for the loss of your dog.
A school bus being in the neighborhood does not reduce the speed limit. If the speed limit was 40 without the school bus in the neighborhood, it was still 40 while the bus in the neighborhood.
You will need to prove that the dog was under control, hard to do since he was in the street and that the car was speeding, also hard to do unless he left skid marks when he tried to stop.
If you choose to sue the driver you can only win for the amount of the medical bills. Dogs are personal property and you cannot get pain and suffering.
Only the police can bring criminal charges against the driver, you can not.
2007-09-30 13:38:58 · answer #2 · answered by ebosgramma 5 · 0⤊ 1⤋
If your dog stepped out into the street and was hit in the lane of traffic you didn't have your dog under control. If you had it under control she would have not been in the street....There is no way to prove the intent of the driver to hit your dog, it is your word against hers. As far as speeding again no way to prove it, did you have a radar gun?
Basically it was your fault your dog was run over, you didn't have total control...leash or not, of your dog. Sorry to hear about your loss.
Most states penal codes dictate in order for a crime to have occurred there has to be an intentional, knowing, or carelessness action to have been committed to be held responsible. You failed to keep your dog out of the street...Think about this, if the driver did swerve to avoid your dog, is it worth the chance of hitting another car head on? No.
There was no crime.....you can file a police report, but chances are nothing is going to happen. I just explained the burden of proof of a crime.....you can not prove the drivers intent, all he has to say is that he could not avoid the accident. if you do not like the answers on here go down to the police department and file a report and see how far it gets you...So if you had an officer there with a radar gun just get a copy of the ticket the officer issued the driver for speeding.....if there isn't one, then once again you CAN NOT PROVE IT!!!!!!!
2007-09-30 10:17:07 · answer #3 · answered by railer01 4 · 3⤊ 0⤋
I am very sorry for the loss of your dog.
However, you are going to have a hard time proving that the car was speeding and driving like a maniac and it's all his fault. In the final analysis, the streets are meant for cars. So unless, the car jumped up on the sidewalk and hit the dog... most likely they are going to lean in favor of the car - more likely that the dog was in the street when it should not have been.
You may want to keep in mind - that if you push it- the car owner could push back for any damage that hitting your dog caused to his car. With out some independent witnesses - it could be an uphill battle for you. Odds are, the car driver is going to say he was going down the road -traveling the posted speed limit and the dog ran out in front of him.
Again.. very sorry for your loss.
2007-09-30 13:27:04 · answer #4 · answered by Boots 7 · 0⤊ 0⤋
I know this won't be a popular answer, but it's the truth. By your own admission, you did not have sufficient control over your dog if it stepped into the street. The street is for cars, not dogs or people. It doesn't matter if she was going 40 MPH.
As for charges, in most states, you are financially responsible for any damage your dog caused to her vehicle. Bottom line is, control of your dog is not established just by having a leash around its neck and you holding the other end.
2007-09-30 20:19:18 · answer #5 · answered by gunsandammoatwork 6 · 0⤊ 0⤋
if your grandmother was holding the leash when the dog was hit, did she get injured. you might be able to charge the woman with a hit and run. If a person is parked on the side of the road, and opens the car door into traffic, he will be held liable for that accident that occurs. I would assume that the same would apply for a dog that wondered into traffic, even if leashed. It is Immoral in my opinion that the woman didn't stop, to confront the so called accident. I'm sure a judge would agree. Now I might not serve in the department of corrections, like ST, but I don't think that it's all your grandmothers fault.
2007-09-30 10:27:22 · answer #6 · answered by Anonymous · 0⤊ 2⤋
Obviously the dog was NOT under control..... since it was able to step into the street
2007-09-30 10:16:36 · answer #7 · answered by Anonymous · 3⤊ 0⤋
You can sue if you can prove in court there was Property damaged,for medical bills,pain and anguish.....Mind you you have to prove it...any Police records,Damage photo's to the chicks car(do not tresspass to get).If you cannot afford the legal fees,find where the chick lives and get some payback!
2007-09-30 10:29:47 · answer #8 · answered by Pullmy F 1 · 0⤊ 2⤋
SOUNDS LIKE YOU DID NOT HAVE CONTROL OF THE DOG
NOT HIS PROBLEM
2007-09-30 10:43:36 · answer #9 · answered by leonard m 4 · 4⤊ 0⤋
Talk to the cops...but
usually, if they didn't see it happen there isn't much followup.
2007-09-30 12:38:37 · answer #10 · answered by sirbobby98121 7 · 0⤊ 1⤋