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If your dog is hit by a car, the emotional and financial fallout can be overwhelming—but you may have legal options to pursue.
As a personal injury attorney who has handled many cases similar to this one, I can state with certainty that it's pivotal to know all sides of the story before moving forward with legal action.
Quick Summary
- In most cases, 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.
What Should I Do if Someone Hits My Dog With Their Car?
If someone hits your dog with their car, follow these steps:
- Check on your dog immediately: Assess injuries, but be cautious.
- Contact animal control: They can assist with the animal’s condition.
- Exchange information: Gather the driver’s information if applicable.
According to state law (CGS $ 22-332), dogs must be restrained by owners at all times to protect others [1]. When a dog is hit after running into the street, it suggests that 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 there are specific legal considerations to keep in mind. Here’s a breakdown of key points:
- Intentional or Reckless Driving:
You may have grounds to sue if the driver hit your dog intentionally or was driving recklessly. Proving intent or reckless behavior can strengthen your case. - Accident Liability:
In most cases, dogs are considered personal property under the law. If the driver was not at fault, or if 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 that both the driver and the pet owner can share fault. If your dog was off-leash or escaped from 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 certain cases, 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?
The person who is 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?
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 absolutely demands it and there is no one around who can help, you should use a jacket or blanket to pick up the dog so that you can 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 held 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:
- Do not leave the scene.
- 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.
- 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
In 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 that you're covered if your furry friend gets sick or injured. Each insurer has different pet insurance policies, so be sure to check with yours for the specifics.
Vehicle Repairs
If you, unfortunately, hit your dog while driving, it may be seen as a collision caused by you and filed as an insurance claim. Your insurance company will then decide how to handle the situation by providing comprehensive insurance coverage.
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 only worsen its condition and could lead to legal penalties. Be courageous and comforting, and do what you can to save the dog's life.
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.
Related Articles:
- Can I Sue a Driver for Hitting My Dog?
- What to Do if Your Dog is Overheating?
- Does Renters Insurance Cover Dog Bites?
See all related personal injury and accident lawsuits our attorneys have covered.
Speak to Our Accident Lawyers in a Free Consultation
If you have been involved in a dog car accident, contact Schmidt & Clark, LLP for a free consultation session. We understand those 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 specific case.
Reference:
- https://www.cga.ct.gov/current/pub/chap_435.htm#sec_22-332