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My Dog Was Hit by a Car: Who Is Responsible? (2024 Update)

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Collen Clark Published by Collen Clark

Schmidt & Clark, LLP is not currently accepting these types of cases and has posted this content for information purposes only. We encourage you to seek a qualified attorney, if you feel you might have a case.


If your dog is hit by a car, the emotional and financial fallout can be overwhelming—but you may have legal options to pursue.

In the United States, there are approximately 1.2 million dog-related car accidents each year, leading to significant distress for pet owners and potential veterinary costs that can reach thousands of dollars.

The sudden loss or injury of a beloved pet not only impacts your heart but can also strain your finances and emotional well-being.

As a personal injury attorney who has handled many cases similar to this one, I can confidently state that it's pivotal to know all sides of the story before moving forward with legal action.

Understanding your rights and the potential avenues for compensation is essential in navigating this challenging situation.

Quick Summary

  • If your dog runs away and is hit, you may be liable for damages, including vet bills.
  • Most states require pet owners to keep their animals restrained.
  • Comprehensive insurance typically covers property damage caused by pets.
  • If your dog is injured in an accident, you may have legal options to pursue compensation for veterinary expenses and emotional distress. Understanding these options can help you navigate the aftermath effectively.

What Should I Do if Someone Hits My Dog With Their Car?

If someone hits your dog with their car, follow these detailed steps to ensure the safety of your pet and protect your legal rights:

  1. Check on Your Dog Immediately:
    Assess your dog's injuries as best you can, but approach cautiously. If your dog is in shock or severe pain, it may react unpredictably. Avoid moving your dog unless it’s in immediate danger (e.g., from oncoming traffic).
  2. Contact Animal Control:
    Call animal control to report the incident. Provide them with specific details about your dog's condition, location, and any visible injuries. They can assist with transporting your dog to a veterinary facility and may guide you through the next steps.
  3. Exchange Information:
    Gather the driver’s information, including their name, contact details, 
    An image of a woman attaching a leash to her dog at a sidewalkinsurance information, and vehicle license plate number. Politely ask for any eyewitnesses' contact information, as their statements may be valuable later.
  4. Document the Scene:
    Take photos of the accident scene, including the location, any visible injuries on your dog, and damage to the vehicle, if applicable. This documentation can be crucial for insurance claims or potential legal action.
  5. Report the Incident:
    Depending on state laws, you may need to file a report with local law enforcement or animal control. This is especially important if there are significant injuries or if the driver leaves the scene.
  6. Seek Veterinary Care:
    Even if your dog appears fine initially, it’s essential to have a veterinarian examine them as some injuries may not be immediately visible. Keep all medical records and bills related to the treatment for future reference.
  7. Know Your Legal Rights:
    Familiarize yourself with local laws regarding pet injuries in accidents. In many jurisdictions, pet owners may have legal recourse for damages incurred due to negligence.

Following these steps after a dog-car accident can help ensure your pet receives the necessary care while also protecting your rights as a pet owner.

According to state law (CGS $ 22-332), owners must always restrain dogs to protect others [1]. When a dog is hit after running into the street, it suggests the owner broke this law.

Can I Sue a Driver for Hitting My Dog?

Yes, you can sue a driver for hitting your dog because there was damage done, and dogs are considered the owner's personal property. 

You can sue a driver for hitting your dog, but specific legal considerations must be remembered. Here’s a breakdown of key points:

  • Intentional or Reckless Driving:
    You may have grounds to sue if the driver intentionally or recklessly hit your dog. Proving intent or reckless behavior can strengthen your case.
  • Accident Liability:
    In most cases, dogs are considered personal property under the law [2]. If the driver was not at fault or your dog was running loose, you may not have legal recourse against the driver. However, if the driver was speeding, distracted, or negligent, you may be able to hold them liable.
  • Comparative Negligence:
    Some states have comparative negligence laws, meaning the driver and the pet owner can share fault. If your dog was off-leash or escaped your control, you could be found partially liable, reducing potential compensation.
  • Damages You Can Claim:
    If the driver is found liable, you may be able to recover:

    • Veterinary bills and medical expenses for your dog
    • Property damage (since dogs are considered property in most states)
    • Emotional distress in some instances, although this is rare and depends on state laws.
  • Insurance Coverage:
    If the driver has comprehensive insurance, their policy might cover the damages, but you may need to negotiate or pursue a claim to receive compensation.

Before pursuing legal action, it’s essential to gather evidence, such as vet records, photos, and any witness statements, to support your claim.

Who Is Liable for Hitting My Dog?

An image of a police cop talking to a car driverThe person liable for hitting your dog would be the reckless driver unless the negligence came from your side.

If the owner never filed a police report, they would have to accept responsibility.

In situations where you, unfortunately, hit your dog, it may be seen as an at-fault accident resulting in a collision claim.

Who Is Financially Liable for the Damage?

The person financially liable for the damage would be the driver if they were at fault. If the accident was due to negligence on behalf of the pet owner, then their insurance company may cover additional expenses such as veterinary bills.

The driver's car at fault will likely have extensive property damage after hitting a dog. Many comprehensive liability insurance plans will cover animal-inflicted damage.

What Should Happen if a Dog Is Hit by a Car?

A close up image of a pet owner checking up on her dog in the middle of the road

You can do a few things if a dog is hit by a car.

Tend to the Dog Right Away & Contact Animal Control

If a dog has been hit by a car, never try to move an unknown dog yourself or attend to the dog's injuries. 

If the situation demands it and there is no one around who can help, you should use a jacket or blanket to pick up the dog to move them off the road carefully.

If you witness an animal being abused, do not leave the scene; immediately call the police or animal control to notify owners.

Related Article: Top 10 Most Aggressive Dog Breeds

Don’t Drive Away From the Scene & Contact Pet Owner

In most states, hitting a family pet with your car is illegal, and not stopping or notifying the local authority is. 

If you drive away, you could end up in legal trouble. If you do everything you can to save the animal's life, the owner will be responsible for the accident instead of you. Don’t forget you need to notify the owners and inform them about the accident

You have to call the police. The big issue is the failure to stop to render aid
- Joseph Faughnan, Police Chief

In Case the Dog Dies

After hitting a dog with your car:

  1. Do not leave the scene.
  2. If the animal has died, move its body out of traffic and call either animal control or the local police department so they can remove it.
  3. When speaking to the dog's owner, try to be compassionate.

Even though there may be property damage, the person is likely grieving over their loss.

Costs of Veterinary Care

Image of an injured dog being treated by a veterinarianIn normal circumstances, the dog's owner is often legally responsible for the decision on the course of the treatment and for covering all the expenses.

If you cannot locate the owners, the cost can fall upon the person who brought the animal to the vet. 

Pet insurance gives you peace of mind knowing you're covered if your furry friend gets sick or injured. Each insurer has different pet insurance policies, so check with yours for the specifics.

Vehicle Repairs

If you hit your dog while driving, the incident is typically classified as a collision, requiring you to file an insurance claim.

The coverage for vehicle damage will depend on your insurance policy type:

  1. Comprehensive Coverage: This insurance usually covers damages from incidents like hitting an animal. If you have this coverage, your insurer will likely pay for repairs minus your deductible.
  2. Collision Coverage: It can also apply in this situation if you have collision coverage. This type covers damages from collisions, whether with another vehicle or an animal, but you would still need to pay your deductible.
  3. Liability Coverage: If you lack comprehensive or collision coverage, your liability insurance won't cover your vehicle's damage, as it primarily protects against damage to other vehicles when you're at fault.
  4. State Regulations: Some states have laws regarding animal collisions that may influence how claims are processed. For instance, in certain jurisdictions, hitting a dog might be treated as a non-fault accident.
  5. Documentation: Regardless of your coverage type, it's crucial to document the incident thoroughly. Take photos of the damage and gather witness statements to help streamline the claims process.

By understanding how different insurance policies cover vehicle damage in this situation, you can better navigate the claims process and ensure adequate compensation for any necessary repairs.

Don’t Leave an Injured Dog Behind

If you find any injured stray dogs, you must help care for the animal. This may be difficult, but leaving the dog will worsen its condition and could lead to legal penalties. Be courageous and comforting, and do what you can to save the dog's life.

Emotional Support

Experiencing the trauma of hitting your dog can be emotionally overwhelming for pet owners. The guilt, fear, and anxiety that follow such an incident can take a significant toll on mental well-being. It's important to acknowledge these feelings and seek support.

To cope with the emotional fallout, consider contacting friends or family who understand your bond with your pet. Talking about your feelings can provide relief and help you process the event. Additionally, professional counseling or therapy can be beneficial in navigating feelings of guilt and sadness.

Resources such as the ASPCA offer support for pet owners dealing with trauma related to their animals. They provide guidance and resources for emotional recovery.

Online support groups and forums dedicated to pet loss and trauma can also be valuable for sharing experiences and finding comfort in community. By seeking emotional support, you can begin to heal and move forward after this distressing experience.

FAQs

How Does Car Insurance Cover Hitting a Dog?

Car insurance covers hitting a dog by providing comprehensive coverage, which covers the damage done to your vehicle caused by the accident.

Which Animals Do You Have to Report if You Hit Them?

The animals you have to report if you hit them are domestic animals, such as a dog or cats. If you don't cease this activity, you will be charged with animal cruelty and notifying property owners of damage.

Who Pays for the Dog’s Injuries if I Hit a Dog With My Car?

If you hit a dog with your car, you will pay for the injuries if the owner can prove that you intentionally hit a dog. However, if the dog is running free and you hit it with your car, the chances are that the dog owner will be responsible for taking care of any medical bills.

What If The Driver Who Hit My Dog Fled The Scene?

If the driver who hit your dog fled the scene, it can complicate things. You may still report the incident to the authorities, as some states treat hitting an animal as a hit-and-run. Gathering any available details, like the car's make, model, or license plate, can help the investigation.

How Does This Situation Differ if My Dog Was Hit in a Parking Lot vs. on a Public Road?

If your dog was hit in a parking lot vs. on a public road, the situation may fall under private property rules, which means the property owner or their insurance might be involved. On a public road, traffic laws apply, and the driver’s liability is more straightforward. Either way, reporting the incident and gathering evidence is essential.

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See all related personal injury and accident lawsuits our attorneys have covered.

Speak to Our Accident Lawyers in a Free Consultation

Contact Schmidt & Clark, LLP, for a free consultation session if you have been involved in a dog car accident. We understand that car accidents can be overwhelming, especially when you don't know what to do next.

Our team of experienced lawyers is here to help guide you through your options and determine the best action plan for your case.


Reference:

  1. https://www.cga.ct.gov/current/pub/chap_435.htm#sec_22-332
  2. https://www.animallaw.info/statute/or-property-609020-dogs-declared-personal-property