Legal Question in Personal Injury in California

I am so sorry to hear of your loss. If you know who the driver is, you should call the police. If your dog was on a leash or on private property, you might have a case. If the dog was in the street probably not. Good luck!

Sorry to hear of your loss, and yes if the driver was negligent. Hope you got his plates and you should report him to the police. Be aware however right now unfortunately the only compensation you could recover is the value of the dog as a piece of property not as a beloved family pet. You could also get medical and funeral bills.

Again sorry to hear of your loss and good luck.

Actually, there is a California statute, Civil Code Section 3340, that provides for exemplary (or punitive) damages, if there is evidence that an animal has been injured "willfully or by gross negligence." But from your brief statement of the facts, I see no evidence that the dog's injuries were caused by willful or grossly negligent conduct, which would probably have to be proved by clear and convincing evidence.

Even ordinary negligence may be difficult to prove, unless you can show the driver was speeding, or saw the dog and failed to slow down or brake. Failing to stop may mean that the driver never saw the dog, or never knew he hit the dog. If your dog ran out into the street and was hit, it would be virtually impossible to establish liability of the driver.

I agree with the other responding attorneys that if you show that the driver was negligent, you may be able to recover the economic value of your pet, plus funeral costs. (It does not appear medical care was necessary, if the dog died on the spot, as you say.)

Reporting the incident to the police would be a good starting point, since without a police report, identifying the driver as the one who hit your pet, you are not likely to convince a judge (I assume you might file a Small Claims Court suit) of the validity of your claim.

If you are convinced that the driver was driving recklessly, you might at least succeed in getting him cited by the police, which may do more to deter him from speeding around your neighborhood and running over other dogs--or children, God forbid..