Gilroy, CA asked in Animal / Dog Law and Car Accidents for California

Q: Dog hit by a car in California

Somebody hit my dog at front of the house, we took him to emergency room and after two surgeries the injuries did not heal. Sadly we had to euthanize him, he was two years old. We filed a claim against the driver insurance. My question is Can I ask to be retributed for all the clinic bills, my time and his death. The driver was going around 40 MPH and a 25 MPH zone and the dog was not on a leash just in case this is relevant or not.

2 Lawyer Answers
William John Light
William John Light
Answered
  • Animal & Dog Law Lawyer
  • Santa Ana, CA
  • Licensed in California

A: You can ask for vet bills. The dog is considered property and the cost to care for, or euthanize him, would be property damage. Your recovery would be diminished by comparative fault in allowing your dog off leash and into the roadway. I couldn't say by what percentage.

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: You can try, but unless the police arrived your testimony he was doing 40 isn't admissable, and your failure to control your dog would mean no verdict..

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