Speeding Car hits dog, who Liable

ppink

Zapperzy wrote: »

If it was me who's dog (or indeed my cat) was hit by a car I would be livid and looking for the driver's head on a plate, .

funny....I was just thinking if I was the driver I would be livid, and if I knew the dog was regularly out on the road I would be looking for compensation.
If the driver were killed OP would have a lot more to worry about.

Zapperzy

ppink wrote: »

funny....I was just thinking if I was the driver I would be livid, and if I knew the dog was regularly out on the road I would be looking for compensation.
If the driver were killed OP would have a lot more to worry about.

Yes me too, I would be absolutely livid with the owner for allowing the dog to get hit, but would also feel guilty and probably balling my eyes out if I killed the dog, even if there was nothing I could do to avoid it and I was completely in the right.
I was just trying to put myself in the OP's shoes and that's how I would have reacted if it were my dog/cat, even if deep down I knew I was in the wrong.

Zapperzy

Graces7 wrote: »

Rural/farm collies are the worst at this. Maybe they think cars are sheep.

Our's is always safely fenced in, but at one house were at the farmer moved a gate without telling us and I caught her dancing on the road with the school bus..

Since then she has been even more carefully watched. It is essential for all on the road.

I once hit a neighbour's dog like that; just came out of nowhere and under the car. Horrible

Yes it's nearly always collies, they lie down low and wait for you to pass before darting out and try to 'herd' the wheels, there's no way you can see them until the last minute and there's nothing you can do unless you want to put your own, or someone else's, life in danger.
I had the misfortune of being on a bus once when a terrier ran out under the wheel, poor thing didn't stand a chance and was killed instantly. At least the driver stopped and moved him in off the road, went and knocked on the owner's door too.

Tefral

shy wrote: »

im hoping that he can be done for speeding or will take half the blame and half the cost.

Im sorry to tell you but your going to get nowhere:

Road traffic act 1961:

105.—Where the proof of the commission of an offence under this Act involves the proof of the speed at which a person (whether the accused or another person) was driving—

[GA] ( a ) the uncorroborated evidence of one witness stating his opinion as to that speed shall not be accepted as proof of that speed

I know your upset and you may want to blame someone, but i sure the driver isnt feeling the greatest after knocking down the animal either. Your 100% negligent for allowing the dog out in a public place without being restrained.

kravmaga

shy wrote: »

Hi Guys

Im just after hearing a w###ker in a speeding car is just after killing our 10 yr old dog. The dog ran after the car, the driver was speeding and now my dog is dead, Im devasted as is the rest of the family. My question is who is liable us as dog owners or the driver for speeding in a quite cul de sac.

The dog owner is liable for damages as the dog was not on a lead.
If it is a private estate the Garda do not have jurisdiction.

How can you prove the driver was speeding in the first place.

Its only hearsay and this will not stand up in a court case.

Tefral

blueeyedboy wrote: »

If it is a private estate the Garda do not have jurisdiction.

Becareful there in your understanding of Private Place.

"public place" means any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge;

challengemaster

shy wrote: »

he was speeding, neighbours will vouch for that

Neighbours can't vouch for anything - nobody on earth has a speed gun built into their heads. "Speeding" means nothing unless you've actual evidence to back it up, eg. a speed gun reading.

shy wrote: »

is there any point getting the guards. it was an 08 audi so we fecked it will cost a couple of hundred if not grand to get fixed and we literally have no money.

Well, you're in the wrong so if you want to call the Gardaí for them to come and tell you that too, fire ahead. Your dog caused the damage to his car, and you expect them to pay for it? Maybe next time you'll keep your dog in.

[quote=[Deleted User];66701932]sorry about your dog ! unless the driver is a tool he should leave it[/QUOTE]
No... He's more than entitled to having his car fixed. I know I'd be livid if I had a 08 audi with a ruined front end due to someone who couldn't keep their dog controlled. No way would it be coming out of my pocket.

shy

Hi Guys

Just an update for you, sorry for yesterday just shocked and pissed of as he was such a lovely dog and burying him yesterday was the hardest thing to do.

I fully except we are to blame as it was our dog.
I no people are reading this and saying it was only a dog and some people value there cars more than other peoples animals but he was part of our family as we dont and wont have kids.

If you have animals please get them insured and keep them secure as I wouldnt wish this on any one, not only have we lost one of the family, now we are going to be hit with a bill we cant afford. I spoke to driver today and he seemed reasonable and admitted that we were both to blame which was a good sign. So please god he will not try to shaft us.

It could have been alot worse, in that he could have been seriously injured, so thats a blessing and please god he will learn to be more careful on the country roads as the house beside us has three young kids.

I'll keep you informed of the outcome.

Have a good weekend
S.

arybvtcw0eolkf

seamus wrote: »

The death of your dog is unfortunately not given any weight in this because dogs can move swiftly and most judges would errantly rule that the accident was "unavoidable".

And if I was the driver of the car that would be my defence..

ie, That the dog appeared at such speed as to leave me no time or space to take evasive action, I applied my brakes but the dog killed itself.

OP, honestly as an owner of two dogs I couldn't imagine one of them being killed like this but also as the owner of a rather nice car I'd be after the dogs owner for damages to my car.

paddy328i

TillyGirl wrote: »

Thats terrible, really sorry to hear it.

I'm not sure about the law but would assume they is a speed limit where ye live?

This happened to us years ago, our dog Jack was killed on the road, the woman that hit him had the cheek to come to our house saying "I hit your dog with my car, he's dead and he broke my light when his head was milled with my car so now you have to pay for the light".

I wasnt long telling her to pi$$ off or I would break her head :mad:

I'm afraid you would have been liable - dogs shouldn't be on the road . . .

crotalus667

shy wrote: »

I spoke to driver today and he seemed reasonable and admitted that we were both to blame which was a good sign. So please god he will not try to shaft us.

If you get lucky he will split the bill , but don’t count on it as long as you only end up paying for the damage to the car consider your self lucky . Audi’s can be notoriously time consuming to work on so it is worth shopping around for quotes (but at the end of the day the driver has to be happy where it is going)



Did the airbag diploy ???

Graces7

shy wrote: »

Hi Guys

Just an update for you, sorry for yesterday just shocked and pissed of as he was such a lovely dog and burying him yesterday was the hardest thing to do.

I fully except we are to blame as it was our dog.
I no people are reading this and saying it was only a dog and some people value there cars more than other peoples animals but he was part of our family as we dont and wont have kids.

If you have animals please get them insured and keep them secure as I wouldnt wish this on any one, not only have we lost one of the family, now we are going to be hit with a bill we cant afford. I spoke to driver today and he seemed reasonable and admitted that we were both to blame which was a good sign. So please God he will not try to shaft us.

It could have been alot worse, in that he could have been seriously injured, so thats a blessing and please God he will learn to be more careful on the country roads as the house beside us has three young kids.

I'll keep you informed of the outcome.

Have a good weekend

S.

So glad you are feeling better; shock is horrendous. Glad there are people here for you also.

meathstevie

TillyGirl wrote: »

So a child is out on the road, the car hits them, kills them and the parents have to pay to fix the car?

And since when is a child an animal that needs to be kept under control by law ? I know a person can love their dog but please folks.

meathstevie

shy wrote: »

Hi Guys

Just an update for you, sorry for yesterday just shocked and pissed of as he was such a lovely dog and burying him yesterday was the hardest thing to do.

I fully except we are to blame as it was our dog.
I no people are reading this and saying it was only a dog and some people value there cars more than other peoples animals but he was part of our family as we dont and wont have kids.

If you have animals please get them insured and keep them secure as I wouldnt wish this on any one, not only have we lost one of the family, now we are going to be hit with a bill we cant afford. I spoke to driver today and he seemed reasonable and admitted that we were both to blame which was a good sign. So please god he will not try to shaft us.

It could have been alot worse, in that he could have been seriously injured, so thats a blessing and please god he will learn to be more careful on the country roads as the house beside us has three young kids.

I'll keep you informed of the outcome.

Have a good weekend
S.

OP, I left my hat to you. Being able to be reasonable and upset at the same time is a knack not too many people master.

shanagarry

OP, have a look at the terms of your house insurance as well - some include public liability for household pets, so you might be able to put the claim through that.

mikemac

OP, your house insurance may cover this.

Or do you have public liabilty insurance? Farmers have this and one reason is to cover livestock causing traffic accidents.

Maybe your house insurance will cover it, call them tomorrow and ask

edit; beaten to it by shanagarry

olaola

The driver should have been travelling at a speed where he would have sufficent time to stop and react in the event of the unexpected. This applies to rear-ending etc. I would assume this would apply to the dog?

It seems pretty clear here:

http://www.rulesoftheroad.ie/rules-for-driving/speed-limits/index.html

"Other users of the road include motor-cyclists, cyclists, pedestrians, school children, animals and all others you as a driver should anticipate will or may be on the road

Possible hazards include anything you can see that can, and will, give rise to an emergency, such as oncoming traffic if you are turning onto a major road. They also include anything you cannot yet see and anything you can reasonably expect to happen, such as a pedestrian walking onto the road in front of you, a child running onto the road between parked cars, and or animals on the roadway. It includes your own physical and mental state while driving (for example whether you are stressed or tired) and the condition of your vehicle."

28064212

olaola wrote: »

The driver should have been travelling at a speed where he would have sufficent time to stop and react in the event of the unexpected. This applies to rear-ending etc. I would assume this would apply to the dog?

In which case no-one can ever go above 10kph on any road. How can you tell when a dog isn't going to jump out of the hedge just as you're going by? The dog shouldn't have been on the road, end of story

testicle

TillyGirl wrote: »

Bull, he shouldnt have been speeding.

Prove he was speeding.

crotalus667

olaola wrote: »

The driver should have been travelling at a speed where he would have sufficent time to stop and react in the event of the unexpected. This applies to rear-ending etc. I would assume this would apply to the dog?

It seems pretty clear here:

http://www.rulesoftheroad.ie/rules-for-driving/speed-limits/index.html

"Other users of the road include motor-cyclists, cyclists, pedestrians, school children, animals and all others you as a driver should anticipate will or may be on the road

Possible hazards include anything you can see that can, and will, give rise to an emergency, such as oncoming traffic if you are turning onto a major road. They also include anything you cannot yet see and anything you can reasonably expect to happen, such as a pedestrian walking onto the road in front of you, a child running onto the road between parked cars, and or animals on the roadway. It includes your own physical and mental state while driving (for example whether you are stressed or tired) and the condition of your vehicle."

you need to reread it :rolleyes: "should" is the word they used not "must" the law is very clear , the dog owner is at fault

sionnaic

so very very very sorry for your loss Shy...it's truly horrific when a beloved dog is killed so suddenly and so violently especially when it's been your family for 10 years...
I know a lot of people on the thread are saying things along the lines of it's only a dog and what about the poor man with his big shiny car slightly damaged but I think that's horribly callous insensitive. To a lot of people on this forum their pets are part of their family and to lose a family member (even if they're furry!) is a terrible terrible thing and people experience real grief. I was nearly more upset when my childhood dog of 12 years passed away, than I was when my granny died. I think maybe it's because, like children, dogs are so dependent on you and so trusting?
Anyway, a bit off topic sorry.
To expect the OP to value a car over their family is ridiculous and of course he would have wanted the driver to suffer. To expect the bereaved to be objective is too much. I know I would want to kill the person who killed my dog, god forbid that should ever happen, even if it was a complete accident. It's not logical or fair but there it is.
However we can also thank god that no one else was hurt, and hope that the driver is a decent human being and won't scalp the OP on the repairs, and that if the OP is in financial difficulty that a payment schedule or other arrangement can be agreed. I know I would feel sick with guilt if I hit a dog even if it was a complete accident.
Yes the poor pooch should have been kept secure but it's a terribly harsh way to learn that lesson, when it's all too easy to get complacent.
Shy, you have my deepest sympathy.

easyeason3

sionnaic wrote: »

so very very very sorry for your loss Shy...it's truly horrific when a beloved dog is killed so suddenly and so violently especially when it's been your family for 10 years...

Agree

I know a lot of people on the thread are saying things along the lines of it's only a dog and what about the poor man with his big shiny car slightly damaged but I think that's horribly callous insensitive. To a lot of people on this forum their pets are part of their family and to lose a family member (even if they're furry!) is a terrible terrible thing and people experience real grief.

I don't think anyone meant 'it's only a dog'. But the majority of posters were trying to be realistic in the advice they offered, not on how they viewed the dog.

To expect the OP to value a car over their family is ridiculous and of course he would have wanted the driver to suffer. To expect the bereaved to be objective is too much.

No one suggested the OP value the car over her dog. Everyone on the thread was offering advice, as was asked by the OP. I don't think anyone on this thread wanted the OP to go to the driver with all guns blazing only to be told she was in the wrong. It could also resulted in more than expenses for the car being sought, as well as making her feel worse than she already is.

Yes the poor pooch should have been kept secure but it's a terribly harsh way to learn that lesson, when it's all too easy to get complacent.

Yes the pooch should have been secure but I don't think I'm exaggerating when I say that all dog owners have had an experience when a dog gets off the lead, escapes from the house etc & have had a moment of 'oh crap'. It's just luck that nothing has happened.

Shy, you have my deepest sympathy.

She has everyones deepest sympathies. It is a terrible thing to happen & hopefully one she won't ever experience again. Or any of the rest of us for that matter.
But I don't think people were offering advice in a callous way.

ppink

sionnaic wrote: »

so very very very sorry for your loss Shy...it's truly horrific when a beloved dog is killed so suddenly and so violently especially when it's been your family for 10 years...
I know a lot of people on the thread are saying things along the lines of it's only a dog and what about the poor man with his big shiny car slightly damaged but I think that's horribly callous insensitive. To a lot of people on this forum their pets are part of their family and to lose a family member (even if they're furry!) is a terrible terrible thing and people experience real grief. I was nearly more upset when my childhood dog of 12 years passed away, than I was when my granny died. I think maybe it's because, like children, dogs are so dependent on you and so trusting?
Anyway, a bit off topic sorry.
To expect the OP to value a car over their family is ridiculous and of course he would have wanted the driver to suffer. To expect the bereaved to be objective is too much. I know I would want to kill the person who killed my dog, god forbid that should ever happen, even if it was a complete accident. It's not logical or fair but there it is.
However we can also thank god that no one else was hurt, and hope that the driver is a decent human being and won't scalp the OP on the repairs, and that if the OP is in financial difficulty that a payment schedule or other arrangement can be agreed. I know I would feel sick with guilt if I hit a dog even if it was a complete accident.
Yes the poor pooch should have been kept secure but it's a terribly harsh way to learn that lesson, when it's all too easy to get complacent.
Shy, you have my deepest sympathy.

title of thread:
Speeding Car hits dog, whos liable

OP was asking a question and people were answering that question. that does not mean they are not sympathetic!

peasant

Not directed at the OP or sionnaic, just a general remark

sionnaic wrote: »

Yes the poor pooch should have been kept secure but it's a terribly harsh way to learn that lesson, when it's all too easy to get complacent.

What really gets me, is the amount of three legged dogs that I see running free along the road. Clearly the dog, having had a previous car accident, hasn't learned its lesson ...it's an animal after all.
But you would expect that the owner had ...after all, they had to fork out the vets bill to get one leg amputated.
Yet the dog is still out there unrestrained, hobbling along, happily chasing cars

Lu Tze

easyeason3 wrote: »

[/B]

But I don't think people were offering advice in a callous way.

Looking back on it now, there wasn't a whole lot of empathy in my opinions on this thread. You do have my sympathy though OP. We had a dog who at 19 years got hit by a car and had to be put down. Upsetting to say the least, but he had a long life at least.

x in the city

its the dog/cat/hamsters owner to ensure he/she doesnt ramble or cause an accident

any damges caused by said pet can be sued by a third party with the owners liable

having said that its an awful thing that happened so condolences

tbh

TillyGirl wrote: »

So a child is out on the road, the car hits them, kills them and the parents have to pay to fix the car?

http://www.bikeradar.com/ROAD/news/article/killer-driver-sues-cyclist-victims-family-14240

IrishHomer

The identical same thing happened my mother a few years ago and we knew the local driver for always being a very fast driver and nobody could say they saw her before the crash speeding.

anyway my ma had to pay out almost €2,000 for repairs to the front of an Opel people carrier.

The driver was cold hearted never even said sorry about your dog. He never wnet onto roads it was just a freak accident when a neighbours loose mut came down and drew him out.

Graces7

Lu Tze wrote: »

Looking back on it now, there wasn't a whole lot of empathy in my opinions on this thread. You do have my sympathy though OP. We had a dog who at 19 years got hit by a car and had to be put down. Upsetting to say the least, but he had a long life at least.

I suspect that many of us are thinking, "there but for the grace of God go I.." feeling so much empathy that we are hurting.

And remembering times when we too have innocently killed a stray animal.

And knowing that if our dog causes an accident we have to pay...

And that we would be gutted if our own dog were lost that way.

And checking fences and gates! We had storm damage up here and I caught our two dogs at the fence sniffing around.. and there was a huge hole. Not now there isn't