Anyone know . . . . .

[Aleman]

. . . The legal standing when you hit a dog on the road?

Scenario,

Cycling home in the dark and rain enter a village when a dog runs out out of a driveway right into your path. You have no chance of avoiding dog, and hit it . . . dog runs off into fields. You have a completely buckled front wheel . . . and probably further damage yet to be determined. . . You also have severe bruising, and gravel rash . . . probably wrecking you waterproof cycling jacket as well.

Owner claims that 'you should have had lights on' . . . Well duh!! they were . . . they were turned off when the bike was picked up off the road . . .Prat!

Owner states "Haven't you got brakes?" Again Duh! . . . given the amount of time you had even on full lock you couldn't have avoided the dog . . . and you would have come off anyway stopping that violently on a wet road.

As far as I am aware, it is the dog owners responsibility to be in control of the dog at all times, If the dog in question has to be on a chain or have the driveway gates closed to stop him from running out onto the road . . . then he should have been on it. It's an annoying flipping dog anyway always barking and snarling whenever we ride past . . .

Now, I'm thinking contact the police (you are supposed to report hitting a dog ) not that they are likely to do anything beyond . . . keep the bloomin mutt under control.

. . . Also contact our insurance company and claim for the damage to the bike . . . As it is directly as a failure of their responsibility to control their dog . . .our insurance company will claim against theirs, and hopefully we don't get stung for an increased premium.

If it's just the wheel then that is only thirty quid and not worth bothering about . . . but if the aluminium frame is cracked then it's closer on five hundred . . . and that will really **** me off.

Dunno what to do really

 

[graysalchemy]

As a responsible dog owner I thought it was the responsibility of the owner to keep the dog under control at all times. The same as farmers are responsible for cattle and sheep. I think by the fact that running over a dog has to be reported to the police then the owner must be responsible.

I had a car pull out in front of me and buckle my wheel. That stupid cow stopped down the road enough for her to see that I was all right but far enough for me not to see her reg plate (plus I was dazed). I didn't report it to the poloce but I should have.

I would report it to the police at least you will get it logged then claim of your insurance.

:

AG

 

[Tony]

Report it to the police and take photographs of all injuries and damage to the bike. Also (if you are able) take photo's of the 'scene of the crime'. As there is some personal injury and damage to property, the police should provide you with a case number which will need to be given to your insurance company (along with a statement). If you feel you need legal backing - ask for a 'fixed fee interview' with a solicitor - it'll also scare the **** out of teh dog's owner when he's contacted by your legal representative.

I'm not entirely sure about the legal position on reporting the hitting of a dog to the police. I know this was the case whilst all dogs requirecd a licence, but not sure now - a quick call to the RSPCA will get you that info.

Good luck, hope you nail the b'stard!

 

[Grumpy Jack]

It ran out and caused you injury and damage to personal property, if it had been in a park off or on a lead and had bitten you would you report it? I think you would, so to my mind, the same applies and I think that there is a legal obligation to keep the dog controlled which would support you. The fact that the owner was also around suggests some form of culpability as well... I mean, if you hadn't had your lights on and he ran into the road, does that make it your fault? No, you were in the road and he shouldn't have had his dog there!

I would report it to the police at least you will get it logged then claim of your insurance.

Absolutely agree with this even if it goes nowhere else, police logging it will help support any claim on your insurance. Good luck!

 

[TheMumbler]

I'm no lawyer but a quick google reveals the following from the kennel club

The Road Traffic Act 1988

It is an offence to have a dog on a designated road without it being held on a lead. Local authorities may have similar bye-laws covering public areas. Dogs travelling in vehicles should not be a nuisance or in any way distract the driver during a journey.
If a dog is injured in a car accident, the driver must stop and give their details to the person in charge of the dog. If there is no person in charge of the dog, the incident must be reported to the police within 24 hours.

Dogs Act 1871

It is a civil offence if a dog is dangerous (to people or animals) and not kept under proper control (generally regarded as not on a lead nor muzzled). This law can apply wherever the incident happened. The dog can be subject to a control or a destruction order and you may have to pay costs.

I suspect this is more aimed at dogs attacking or biting

Animals Act 1971

You could be liable for damage caused by your dog under this Act or under some degree of negligence. It is highly advisable to have third party liability insurance to cover this, something that is included in most pet and some household insurance policies.

Also from here

Damages Claims

We strongly recommend that all dog owners have insurance to cover you for third party liability claims.

If you do not have insurance cover available and you face a claim for damages caused by your dog, then (as a general rule) you will be liable if:-

1. The incident was due to your negligence (ie, you did something you should not have done or you failed to do something that you should have done), or
2. Your dog has behaved in a similar manner on a previous occasion and you were aware of it

This may be aimed more at chewing damage and so forth but it could easily apply.

So on the basis of that I would guess that it is the responsibility of the owner legally speaking. Morally I'd say it was too. I think that they should be liable for damage to your bike on the face of it, since they are negligent in not keeping the dog on a leash while on a public road (see the bit about the 1988 Road Traffic Act above). However I don't know the detail of this legislation. I would get a lawyer to check this though if you intend to take it further as I have zero legal training and am not in any way qualified to give legal advice.

Sadly many people keep animals that they cannot properly control or care for.

 

[tubthumper]

also report to health and safty at your local council office they have enormouse power that most of dont know about

 

[markp]

How are you Tony?
And how is the dog?

 

[graysalchemy]

Yes we all forgot to ask how you are. :thumb:

And with regards to the dog if it mangled your wheel and knocked you off I hope it is OK. At the end of the day it is not the dogs fault, there are no bad dogs just bad owners. :hmm:

Hope you are OK

:

 

[rabbie]

Can you use this as evidence: http://www.youtube.com/watch?v=eT7f6Ac3FHI
Seriously though, I would give these guys a ring: http://www.ctc.org.uk/DesktopDefault.aspx?TabID=4461
I'm guessing you're not already a member but they might still be able to offer some advice as they deal with this type of thing all the time. Luckily I've not been in an accident myself, but from what I've read it would be well worthwhile thinking about membership if I was still in the UK.

As the others say hope you weren't injured!

 

[Aleman]

Actually it wasn't me! (*) She on the other hand has a large number of bruises as can be expected, but nothing broken . . . as for the dog . . . well it disappeared into the fields, although a friend of ours found a wet terrified dog hiding around the stables later on.

(*)Normally when I hit something or dismount involuntarily I tend to break something . . . usually bones. . . SHe just tends to end up with some serious bruises . . . Last time she came off the physio said that normally the degree of bruising she was treating is associated with a fracture of the femur :shock:

Still trying to get through to the police locally

 

[Bru4u]

Hope herself is OK Tony, It's very simple, the dog was not under control of the owner, the dog was "Out of control", it is important ye report it as these things have a funny way of turning on you, explain to herself that if the dog owner is a ****, which seems true, it is not beyond the bounds of possability for a vet's bill to land on your door claiming the dog was run over. Just nip down to the law shop and make a statement (written) and you don't have to take further action if you don't want but the foundation of a case will have been built if ever required, and as stated before the insurance co may not process the claim if no police record exists.
Get well soon Mrs Aleman

 

[Aleman]

Police coming round tonight at 8PM

 

[gurtpint]

So how did things turn out after a visit from the old bill?

 

[Aleman]

So how did things turn out after a visit from the old bill?

We did the right thing in reporting it. . . . Created quite a debate at the police station as they couldn't decide if a Road Traffic Collision had taken place or not. In the end they decided not as a bicycle is a conveyance not a motor vehicle

As there were no witnesses to what happened (luckily really . . . . . or She could have been under a Car as well) we are in a sticky wicket claiming against the owner for the damage. Still I've given the frame a once over and there is no overt damage . . . Wheel looks line a banana though . . . I'll post a piccy tomorrow. . . . I've never bent a wheel like that . . . bent a frame yes . . . wheel no

 

[BarnsleyBrewer]

Maybe you were speeding ?

 

[unclepumble]

An old friend of mine hit an Alsatian side on, on his motor bike about 15 years ago, and made it into a Korean delicacy ("2 portions of dog please mr").

It made a pretty bad mess of him too, he was in the hospital over a month.

The dog just ran out in front out him out of a drive, & the stupid dog owner tried to sue him for reckless driving.

I think he got a good pay out in the end, I will ask how he went on if I can remember how to get hold of him Tony, I have not seen him for over 5 years.

UP

 

[Aleman]

Maybe you were speeding ?

Had it been the road bike that could a possibility . . . but my winter / street bike takes a lot of effort to get up to 30mph . . . with the wind in the right direction . . . and I would only consider attempting that on a good dry road in the light. . . . Against the wind in the rain . . . not a hope

The hardest thing about hit something at 25mph on a bicycle is . . . the road

 

[gurtpint]

So how did things turn out after a visit from the old bill?

We did the right thing in reporting it. . . . Created quite a debate at the police station as they couldn't decide if a Road Traffic Collision had taken place or not. In the end they decided not as a bicycle is a conveyance not a motor vehicle

As there were no witnesses to what happened (luckily really . . . . . or She could have been under a Car as well) we are in a sticky wicket claiming against the owner for the damage. Still I've given the frame a once over and there is no overt damage . . . Wheel looks line a banana though . . . I'll post a piccy tomorrow. . . . I've never bent a wheel like that . . . bent a frame yes . . . wheel no

Hope you'll be able to claim some justified compensation for your trouble. Indeed it's not the dog that is to blame - usually the culprit is to be found on the opposite end of the leash... Good luck the your Mrs wasn't seriously hurt. I hope the frame came through undamaged. Cyclists generally seem to be in between a rock and a hard place, getting c**p from both drivers and pedestrians. Or that is at least definitely the case where I live in and cycle all year round.

 

[dennisking]

Think most decent house hold insurance policies cover damage caused by the policy holders dogs off premises