Well it happen yesterday when me and my wife were riding to my parents for lunch. I was running about 45 mph and before i know this dog runs out in front of the bike and i hit it with the front tire and down we go. The thing that made me really mad about the whole thing is the owners care more about the dead dog than me or my wife that was laying in the ditch hurt. They were heard saying they didn't care if we were hurt and wished we died. The thing about were i live is there's no leash law and the animal control office that came to the scene told my father who had shown up that the dog owners have the right to sue me for killing there dog but i have no right to press charges. Sorry for the long rant.
wreaked bike yesterday
- Thread starter fastcav2
- Start date
Ummm... the animal control officer that told you that is full of dog-doo...
Contributory Negligence States:
A few states still follow the old legal doctrine of "contributory negligence." Under this rule, someone who sues and is the least bit at fault can collect nothing. The contributory negligence states are:
Alabama
District of Columbia
Maryland
North Carolina
Virginia
Comparative Negligence States:
Most states have adopted the doctrine of "comparative fault" or "comparative negligence," which roughly means that if you sue for injury to your dog and win, your award is reduced in proportion to your fault.
The owner's negligence affects the outcome of the case only if it contributed to the injury. An owner who carelessly lets a dog run loose, resulting in its being hit by a car, obviously contributed to the risk.
Additionally, most local municipalities in no-leash-law states have passed their own laws in respect to this. So, even if Virginia is a no-leash state, they have given almost *all* their counties the discretion to pass animal retention laws, which most have done.
I'm an animal lover, but this is nonsense... Owner's like that don't deserve to own... they're dangerous to animals (assuming you weren't doing twice the speed limit, or riding without lights on at night, or some other such easily identifiable carelessness).
Bottom line, take care of yourself, and your wife... then take care of your bike, and don't worry about idle threats of stupidity. If anyone grumbles about a law suit, I would immediately contact someone that specializes in it, in your state. I might do that anyway, if I were you, and think about suing *them* for medical and bike repair damages...
Good luck...
Contributory Negligence States:
A few states still follow the old legal doctrine of "contributory negligence." Under this rule, someone who sues and is the least bit at fault can collect nothing. The contributory negligence states are:
Alabama
District of Columbia
Maryland
North Carolina
Virginia
Comparative Negligence States:
Most states have adopted the doctrine of "comparative fault" or "comparative negligence," which roughly means that if you sue for injury to your dog and win, your award is reduced in proportion to your fault.
The owner's negligence affects the outcome of the case only if it contributed to the injury. An owner who carelessly lets a dog run loose, resulting in its being hit by a car, obviously contributed to the risk.
Additionally, most local municipalities in no-leash-law states have passed their own laws in respect to this. So, even if Virginia is a no-leash state, they have given almost *all* their counties the discretion to pass animal retention laws, which most have done.
I'm an animal lover, but this is nonsense... Owner's like that don't deserve to own... they're dangerous to animals (assuming you weren't doing twice the speed limit, or riding without lights on at night, or some other such easily identifiable carelessness).
Bottom line, take care of yourself, and your wife... then take care of your bike, and don't worry about idle threats of stupidity. If anyone grumbles about a law suit, I would immediately contact someone that specializes in it, in your state. I might do that anyway, if I were you, and think about suing *them* for medical and bike repair damages...
Good luck...
Listen to what BKP said.
RooKie
New Member
Wow dude... wow... WHO THE HELL THINKS A DOG'S LIFE IS MORE IMPORTANT THAN A HUMAN'S!? They should be the ones apologizing to you for being negligent and giving their dog the opportunity to kill itself. Not only did their dog die because of them, but you and your wife could have been permanently injured or killed. I really hope those people don't have any children to continue polluting our gene pool.
Really hope you and your wife are okay man. Wishing you a speedy recovery.
Really hope you and your wife are okay man. Wishing you a speedy recovery.
If your insurance cannot resolve this incident with them, then i say get a good attorney and sue them for damages to your bike & hospital bills etc. This sounds like a slam dunk case of dog owner negligence. I don't see them having much of a leg to stand on. Everyone I know that's hit a dog in either a car or on a bike has always won or gotten a favorable settlement from the owners- in SoCa at least. The only thing to watch out for is if the owners try to ditch or absolve themselves of ownership rights to the animal- which they may try to do once they find out they are financially liable. Hope you guys get a fair settlement.
You should discuss with lawyer. First thing first, it doesn't matter where you are or leash law/no LL.. Anyone's uncontrolled pet be a cow, yak, dog or at causes an accident in the US it is the owners fault 100%. Do some googling.. It's there.. Get a lawyer and go after te dogs owners.
Edit: I meant to say, I've been there and went through court on a non leash law area. Was out of city limits and was still able to take owners of dog, that bit me after it caused me and my old honda to go down and into a tree, to court. Judge said even if dog didn't bite me that it is the dogs owners responsibility to have complete control of the animal at all times. I got my ambulance and hospital bills paid by owners. The bike? Small dent in tank so no biggie.
Edit: I meant to say, I've been there and went through court on a non leash law area. Was out of city limits and was still able to take owners of dog, that bit me after it caused me and my old honda to go down and into a tree, to court. Judge said even if dog didn't bite me that it is the dogs owners responsibility to have complete control of the animal at all times. I got my ambulance and hospital bills paid by owners. The bike? Small dent in tank so no biggie.
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Simple Google netted these... you might want to call just to bounce it off them:
Virginia Motorcycle Accident Lawyer - Find a Virginia (VA) attorney for your motorcycle accident injury case.
http://motorcyclelawgroup.com/attorneys.htm
are you in va!? i was almost certain we had leash laws in va.... id consult a lawyer about the matter.. but 9 times out of ten the owners of the dog are at fault..... pets are like children the parents/ owners are at complete responsibility for keeping them in line and keeping others safe...
My dog escaped and got hit by a car in ny. Not only did i get socked with the vet bills I also got hit with the deductible for this guys car even tho he was speeding in a residential. leash law or no leash law consult your insurance the will leave no no stone unturned when it comes to finding money that isnt theirs.
