View Full Version : legal traffic question: controlling the pet population so to speak
Blake
09-19-2008, 08:04 PM
You are driving down the street/road/highway minding your own business when all of a sudden a dog darts out from nowhere and you hit it. The owner runs out and screams "YOU KILLED MY DOG"
What do you do and who is at fault for what?
The Reckoning
09-19-2008, 08:09 PM
help bury his dog...it was a mistake
Strike
09-19-2008, 08:22 PM
You are driving down the street/road/highway minding your own business when all of a sudden a dog darts out from nowhere and you hit it. The owner runs out and screams "YOU KILLED MY DOG"
What do you do and who is at fault for what?
Sad thing, to be sure. But ultimately the dog's owner is at fault for failing to keep the dog out of harm's way. If you (the driver) is speeding or driving recklessly or drunk, then the fault is on the driver.
The mother of a girl I dated in high school used to let her dig run around in the street until it was hit by a car. The dog wasn't killed but injured fairly bad. She tried to sue the driver who wasn't driving recklessly and lost because the judge told her she needed to keep her dog on a leash or otherwise out of the street.
I laughed. Not because the dog got hit, but because the mother was a bitch.
Bandit2981
09-19-2008, 08:25 PM
It's ultimately the owner's responsibility to keep their animal controlled. Besides, you were driving in the street(I assume) where you should be, it's not like you drove through their yard and hit the dog.
Blake
09-19-2008, 08:36 PM
that's what I thought
I feel bad for the owner ......errrr if this had uhhh happened errr...... but I aint going out of my way to bury the dog or even send a card. In fact, there's some scratches on my front end (errr.... theoretically if this had happened) and I would think I could legally get them to pay for any damages to my car.....if I wanted to go that far
Strike
09-19-2008, 08:41 PM
Mix in a little touch up paint and a buffer and be done with it.
Bandit2981
09-19-2008, 08:43 PM
You would probably have a case, I don't know if you would want to request they pay for damages first without the courts, or just go straight to small claims(don't forget there is also a court fee). One bad thing about small claims though, even if the judge rules in your favor that doesn't mean the defendants will pay you. They are supposed to, but if they are bitter or whatever and refuse you have to file a writ of execution and the constable(I think) goes to their property and gets your judgement either by money or property. That costs like 200 bucks.
Blake
09-19-2008, 08:47 PM
You would probably have a case, I don't know if you would want to request they pay for damages first without the courts, or just go straight to small claims(don't forget there is also a court fee). One bad thing about small claims though, even if the judge rules in your favor that doesn't mean the defendants will pay you. They are supposed to, but if they are bitter or whatever and refuse you have to file a writ of execution and the constable(I think) goes to their property and gets your judgement either by money or property. That costs like 200 bucks.
yeah, I don't think it's worth the effort financially. Only if I wanted to teach them a harder lesson than they just learned. Yeesh, that would be cold blooded.
AlamoSpursFan
09-19-2008, 10:49 PM
I'm guessing the dog was a pit bull and you saved the poor defenseless toddler in the yard across the street from certain, horrible, maiming death.
Consider yourself a hero and tell the owner to take a flying fuck at a rolling donut.
Brutalis
09-19-2008, 11:09 PM
that's what I thought
I feel bad for the owner ......errrr if this had uhhh happened errr...... but I aint going out of my way to bury the dog or even send a card. In fact, there's some scratches on my front end (errr.... theoretically if this had happened) and I would think I could legally get them to pay for any damages to my car.....if I wanted to go that far
Depends on your insurance and what kind of coverage you have.
If it was me, and I had a nice car I would take his ass to court if my insurance gave me trouble. Mainly if the damage was hundreds of dollars. Tough luck about the dog, but it's his fault. However I drive an SUV and the only thing it'd do to my truck is leave blood stains on the tires.
If I hit a dog I'd stop and console the owner as best I could but I would not offer shit. Keep the pooch on a leach and nothing would have happened.
... random story....
When I was 17 the neighbors offered me 50 bucks to mow their lawn. I used my uncles riding mower cause their back yard was huge. Halfway through I heard what sounded like going over rocks when in fact it was a cat and its litter of kittens. The mom freaked out on me after I finished the lawn. The grass was about 4 feet high, and I told her it's her own fault for letting the grass get so high and not looking after their own cat because I had no way of seeing it-and I didn't either.
So daddy comes home to his little girl crying and tells me he isn't paying me shit. I blew up and he just walked off telling me to go fuck myself.
He woke up the next morning to their car and truck being keyed, spray painted and knifed the tires. He came to my house and screamed at my mom and called the police and told them I did it because of what happened. Two officers approached me and asked if I did this, and I said no. Then asked if I was upset over not being paid and I said yep. They then told the the guy he can't prove I did it so there's nothing he can do.
About three weeks later (I am a night owl) I noticed a shadow moving across my front lawn. I took my Boston Terrier named Spike to the window and showed him the guy, and my dog growled and got fucking pissed. Mind you he isn't a typical B.T., I trained him to be very protective and guard his yard (that is fenced in also).... so I let him out the bag door, ran to the front window and watched him maul the guy. He broke free and ran and hopped the fence and had the nerve to call the police again the next morning claiming my dog came into his yard at 2am and attacked him. The cops looked around his yard where he claimed it happen and found no blood or anything (when this guy was cut and bit the fuck up badly and went and got stitches and everything).. then they went and looked at my driveway and noticed blood stains and knew the guy was lying. It was the same cops from 3 weeks before. He had no excuse when they asked him why didn't he call us when it happened either. Then they asked my mom if they wanted to book him for trespassing and she did. He (from what I heard) had to pay a $100 dollar fine. The lesson here is don't fuck with me.... or my dog. :)
Sorry I hijacked the thread.
Anti.Hero
09-19-2008, 11:18 PM
Cpr.
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