Dog Hit by Car

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Justin314159

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Oklahoma
If a dog is hot by a car in the country outside city limits who is at fault? Dog owner or driver. Thank you, please let me know if I've posted this in the wrong place.
 
This is the right place.

The dog owner is at fault for not keeping his dog under control on his own property. Rural or city, doesn't matter. It's the owner's responsibility.

The driver has no fault (negligence) when a dog runs out in front of his car.
 
Well, I suppose the driver could have been speeding, lost control of his car, rammed through a fence and ran over the poor dog while the dog was in his yard minding his own business.

However, my comment was the result of applying Occam's Razor, summarized as the simplest explanation is likely the correct one.

If there is a simpler explanation than the poor dog getting loose and running in front of the car, I'd like to see it.

Perhaps Justin will come back and tell us what happened.
 
Justin314159 said:
If a dog is hot by a car in the country outside city limits who is at fault? Dog owner or driver. Thank you, please let me know if I've posted this in the wrong place.
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Justin

Was your dog off leash and off your property when it was hit? If so, then you are at fault.

If it happened some other way please clarify.
 
This appeared on another site. Same poster ID.

"Someone hit and killed my dog outside city limits. He is hounding me for $1000 for his deductible for his car and says the insurance company is going to come after me for the damages. There is a police report for the incident and all my info was on the dog tag. I'm in Oklahoma."

To which I made the following comments.

I assume this happened in the street. How did your dog end up out in the street? How big was your dog that it damaged the car for over $1000? Have you been given the repair bill? If not, ask for it?

Yes, it's quite likely that his insurance will come after you for reimbursement. It's called subrogation and it typically seeks the full amount of the claim including the deductible so you can ignore the deductible issue for the moment.

I suggest you report this to your homeowner's insurance company. They will determine if you were negligent and pay the claim if you were and defend you if there is doubt.
 
Thank you all for your replies! Sorry I took so long to get back. My dog got out of my fence during a storm, I'm not sure how. It seems the professionals are sure I am at fault. Thanks for your help.
 
Justin314159 said:
Thank you all for your replies! Sorry I took so long to get back. My dog got out of my fence during a storm, I'm not sure how. It seems the professionals are sure I am at fault. Thanks for your help.
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We still don't have sufficient facts to assess this intelligently, but nothing you've posted suggests the driver bears any liability.
 
zddoodah said:
We still don't have sufficient facts to assess this intelligently, but nothing you've posted suggests the driver bears any liability.
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Thanks for letting know, what more info would help? Also, what proof would be used to identify the animal as my dog? I never got a citation for any wrong doing.
 
Justin314159 said:
I never got a citation for any wrong doing.
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You don't get a citation for negligence. It's a civil matter

At the risk of belaboring the point have you examined your fence and/or gate to see how your dog got out? Is there an area that your dog could have dug under, or squeezed through between the gate and the fence post. Dogs are rather flexible.

Could your dog have gotten over the fence? Here are several videos of dogs getting over tall fences.

dog climbs fence - YouTube
 
Justin314159 said:
what more info would help?
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Help...determine if the driver were liable? Liability on the part of the driver would be predicated on negligence, which means you'd have to prove that the driver operated his car in a manner that fell short of the standard of care of a reasonable motorist.

Justin314159 said:
what proof would be used to identify the animal as my dog?
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Your testimony would likely be sufficient.
 
zddoodah said:
I completely disagree with the prior response. The answer depends on the relevant facts and circumstances, none of which you've provided. Could be either, neither or both.
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It doesn't matter if its inside or outside city limits, if the dog jumps out in the middle of the road and you have no time to react, the dog owner is at fault. If you had sufficient time to react and still hit the dog, you would be at fault.

You have total control over your vehicle until an event happens where you have no control(such as dog jumping out right in front of you).

The previlege to drive means you have to respond to road hazards accordingly. Anything can be a road hazard. People can become a road hazard depending on their situation.
 
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Mr305WorldWide said:
It doesn't matter if its inside or outside city limits, if the dog jumps out in the middle of the road and you have no time to react, the dog owner is at fault. If you had sufficient time to react and still hit the dog, you would be at fault.
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I happen to agree with you there.

But now I have to lock this thread to avoid childish schoolyard tit-for-tat. comments.
 
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