Legal Question in Personal Injury in California

Write a demand letter to the driver [contact DMV to get the name and address based upon car being in an accident with your dog] attaching the vet bills and statement from witness that car at fault and no negligence by dog. Remember that a dog is considered personal property so no pain and suffering damages and if dog dies only entitled to cost of replacement dog plus vet bills.

A dog should not be on the road and must be on a leash at all times outside. That the dog escaped is not a legal excuse because it should not be able to escape if properly secured as required by law. Therefore, unfortunately I doubt you will win the case. In fact, if the driver had been injured or sustained property damage then you would have been sued for failure to control your dog. Sorry to hear about what happened. I hope your dog recovers.

I am sorry to hear about your dog, but I tend to agree with Mr. Carballo. You are probably going to have a hard time proving that the driver was negligent to a point where you would get much of a judgment. Whoever was responsible for securing the dog will probably be found to be the most at fault. (I do not think dogs can act in a negligent matter.) You may want to follow Mr. Shers' advice to see if the driver would agree to pay something, but filing a small claims suit may not be worth it.

I am sorry to hear about your dog. Losing a dog could be a very traumatic experience for some. That said, you might have to prove that your dog looked both ways before stepping into the crosswalk, unless a witness would be willing to come forward and testify that the person who hit your dog was on a cell phone, speeding, etc at the moment your dog was hit. You might also have to prove that your dog was in the street for a while, as oppose to a "dart out".

Very difficult. Like Mr. Kane Jr. said above, I do not think you would prevail, even in small claims court.

Good Luck,

David B. Lupoff, Esq.

David B. Lupoff