Are there laws about when someone hits your dog w/ their car?

Question

Someone hit my brother's family's dog earlier tonight with their car. They just kept driving but my brother's daughter saw it happen from the window. She says she saw the license plate of the car. Is there some law about not stopping when someone hits your dog, because it seems like there should be. My brother wants to know if he should have her give the police the license plate. Any help would be appreciated.

So from the sounds of it, would I be right in saying that my brother should be more worried about that person coming back to him with a damaged car than trying to find the person who did it?

(Also for those who wondered, on a very sad note, the dog is probably not going to make it and they will likely have to put it down.)

Answer 1

As per every law I've ever read, you have a responsibility to keep your animals off of public thoroughfares. Now if, say, this person ran over your brother's dog in his own driveway, he would have a strong case against them. And you can always argue extenuating circumstances, like if the person was speeding and you could prove that they had an opportunity to avoid the accident.

Basically, accidents will happen. If he can prove that the person didn't avoid it when they had an opportunity to do so, then he might be able to recoup vet bills. But if the dog just ran in front of somebody's car while they were driving down a public street, you don't have much recourse. Yes, they probably should have stopped, but that gets into the realm of what is courteous, not what is legally one's responsibility. (Sometimes it is not safe to stop when you hit a dog, due to traffic, or as in one case I watched play out, due to crazy redneck owners threatening to kill the driver.) Either way, it will be the witness's word against the driver's.

My condolences to the family of the injured dog.

Answer 2

I'm sure that some towns have a "hit and run" law which also goes into place with animals. The sad part is that most towns now have leash laws in which you dog must always be on a leash or in a fenced area. You could actually be liable in the end. I would suggest calling your local police department or contacting a lawyer to get an opinion before giving them the plate number and the situation. I would hurry up though, because if the dog can possibly be saved with medical treatments then you will want to get this rolling so that he has the time to be saved and hopefully the no good sumaritan will pay for this poor dogs suffering. If not I hope that he cannot live with himself for harming a poor animal.

Answer 3

No, your brother could be the one in trouble for not having his dog on a leash. If the car was damaged, he could be liable.

Now, if the dog was on a leash on the sidewalk and a car came up and hit him, it would be another matter.

Hope the dog is OK.

Add: So sorry about the dog. The person was a big jerk for not stopping. It is the courteous and concerned thing to do, regardless of liability.

Answer 4

sorry to say but you brother might have to pay for damages to the car. it is the persons responsibility to keep the dog safe. if the dog was chasing or on the rode it is your brothers fault it happened. here can i tell you a story.

My father in law owns a milk haling business. he was on the road with his truck. and he hit a cow that got out. the cow was not in a cow crossing area. the farmer had to pay for the damages to his truck. if the cow had been in a cow crossing area he would have had to pay for the damages to the farmers property, the cow.

sense there is no such thing as a dog crossing area of sign that would be on the road. it is your brothers responsibility to take care of the do.

the car driver could have at lest stoped to apologize about it though.

Answer 5

No. A dog is not a person and unfortunately if your dog is hit by someone and they just drive on, there is no recourse. You can call the Police and ask, but I think your brother is out of luck.

Answer 6

I saw a case just like this on one of those live court television shows, and the judge ruled in favor of the dog's owner. Even though the dog was not contained, and ran out in front of the car, he ruled against the woman who was driving the car.

I personally thought the woman was the victim, since she had her little boy in the car, and both of them were injured. She claimed she attempted to get out of the car to check on the dog, but it was behaving threateningly to her. She decided to take her son to a hospital to be examined. She didn't think the dog was badly hurt, so she drove on. A neighbor got her license, and then untimately the judge ruled against her, saying she should have reported it to the police.

I think it's a toss-up of who would win in a court of law. Like I said, I think the woman was the victim, since the dog ran out in front of her car. Way I see it, if someone cares about their dog, they don't let it chase cars. I am sorry about the dog. I don't let mine out of the fence or off its leash when we are walking.

Answer 7

Not sure on where you live...but most towns have a ' Leash Law '. If your dog is out running around and not on a leash...the dog's owner is actually responsible for the damages to the man's car.

Answer 8

Unfortunately for your brother, the law is in the favor of the driver, not him.

If hitting the dog caused damage to the driver's car your brother is liable for it.

I feel sorry for the dog, he should have been on leash, not left outside roaming in the street. Now he may pay with his life because of it. :(

Answer 9

Do report the jerk. Since the owner was not obeying the leash law.... Really not a lot you can do. Actually, I've heard about a situation where the owner was sued for damage done to a vehicle. I hope the dog is ok.

Answer 10

If your dog was in the street, then you may actually be liable for any damages to the car. If the vehicle swerved onto your property to hit your dog, while in your yard, then you may have legal grounds to sue the driver of the vehicle.