Q: If a driver does not notify police following an accident (hit and run), what legal options does the victim have?

A: If the responsible driver did not notify the police/law enforcement to report the incident - and you have identification information regarding the driver - the police at its option, if you report the offender, could cite the driver for violating the applicable section of the transportation code, although the violation carries a modest prepayment fine of only $90 and no points. It is also conceivable, if you can prove that the driver was negligent in striking your pet, that you could file a civil negligence claim for the veterinary bills incurred to treat the pet's injuries, up to the statutory limit of $10,000. However, you'd have to have compelling facts to succeed, particularly if the dog was unrestrained, had run into the street or there were other reasons why the driver's striking the dog could not reasonably been avoided.

A: The driver --assuming they were aware that they struck and injured the dog-- is in violation of Transportation Article 20-105 (failure to remain at scene of accident resulting in damage to unattended property--pets are deemed property under Maryland law), 20-105.1 (information required to be provided at scene of accident), and 20-106 (injury to domestic animal, failure to remain at scene and/or render aid). Violation of TA 20-105 carries up to 60 days in jail, $500 fine, and 8 points on their driving privilege (enough to trigger a suspension of up to 6 months). If you have the license plate of the vehicle, you may report it to the police, and they can cite the driver. Assuming you witnessed this event, your testimony in court would be necessary to prove the case, as the officer issuing the citation cannot testify to anything they did not actually see.

A word of caution: what are the leash laws and restrictions in your local area on at-large dogs unrestrained running loose in public? You may yourself be subject to citation for violation of those laws, and risk being reported to local animal control officials.

As far as injury to the dog, you may claim against the driver and their auto insurance carrier for actual veterinary bills incurred in treatment of its injuries. The problem with that claim, however, is that it would appear your dog was at large and unleashed, a violation of typical local leash laws, and a violation of your duty as a pet owner to control your dog to prevent it from running into the street. Just because the driver hit your dog does not mean they were negligent in doing so, if the dog darted unexpectedly into traffic, or if your own negligence in not restraining or controlling your dog in public contributed to the accident. In Maryland, your contributory negligence (even 1% share of fault) would be a complete bar to your right to civil damages. However, it would not excuse the driver's violation of the traffic laws cited above. Those requirements apply regardless of fault.

On a side note, if the driver's vehicle suffered property damage from the collision (paint scratches needing touch-up, broken headlamp, bent bumper, etc.) then the driver, or their insurance company after paying for the damage, could sue you to recover the costs of repair for your negligence in letting your dog run loose and causing the damages. I've actually seen this happen.