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My dog got hit by a car, whose fault?

My dog got hit by a car and I was wondering whose at fault and if I have a case. I was bringing my dog home from the park and he had his leash on. I opened the car door and he jumped out of the car; as I was closing the door a car came and hit him. I live in a resedential area where the speed limit is 25 and she already admitted to me she was going over the speed limit. Luckily she slammed the breaks to slow down enough where the damage was only a fracture to his leg and not worse. I called her and told her that I feel we both were at fault here so we should go halves on the bill but she said she doesn't think thats the case because my dog shouldn't of been in the street. I feel if she was paying more attention and not going so fast she would of easily saw him in the street and wouldn't of hit him. I was wondering if you guys think shes at fault here and I have a case if this needs to go to court. Thanks


Asked by Member 1131441 on Sep 18th 2012 in Laws & Legislation
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Kali earned her wings 10/21/14

Laws differ in different areas. I would call a lawyer and ask them.


Kali earned her wings 10/21/14 answered on 9/19/12. Helpful? Yes/Helpful: No 0 Report this answer


Kovu

She's definately at fault if she was going over the speed limit. If she were going the speed limit, there would've been a chance your dog wouldn't have been hit because she would've had more break time. I say take it to court.


Kovu answered on 9/19/12. Helpful? Yes/Helpful: No 0 Report this answer


Windrun Catalina (KitCat)

When he jumped out of the car, was he on leash and under your control? As a dog owner, most states require you to have your dog on leash and be under control at all times. If he was on leash but you did not have control of your dog, she might not be responsible. Even if she was speeding. You are responsible for having control of your dog at all times. I have seen this many times. The person either does not have the dog leashed or the dog pulls away from the owner. In this case, you may be liable for damage to her car if your dog was unrestrained. It may seem unfair but that is how the law is written.


Windrun Catalina (KitCat) answered on 9/20/12. Helpful? Yes/Helpful: No 0 Report this answer