Collision with an unleashed dog, am I liable for any costs?

J

JP1234

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(First off - sorry if this is in the wrong forum, not sure whether it counts as Car Related, Legal or Misc.)

Driving home about an hour or so ago a dog ran out in front of my car and we collided. I was only going about 35-40kph in a 50kph zone as it was approaching the turn off for my street, and I had already noted the dog at the road side. As the dog ran out I did an emergency stop but the dog appeared to run toward my car and I felt a slight thud. I looked around, dog seemed fine as was running off towards it's owner! At this point I got out of the car (mainly to check my car!) at which point the female dog owner came towards me screaming about hitting her dog. I pointed out to her that the dog seemed unharmed and if anything my car would have come off worse ( I drive a Clio, the dog a full sized German Shepherd) and reminded her that dogs are supposed to be on a leash while in public places but she shouted at me for not taking care and took my reg down saying she was going to report me and claim vet's fees! I offered to call the guards there and then and asked for her name and address but she skipped off with both her dogs trotting next to her.

It shouldn't be a big deal but now I am wondering should I inform my insurance or the guards and would I be held liable for her "costs" ( if she decides to put in some made up claim)

There were no witnesses around and the area is not particularly well lit so it wouldn't be easy to see a dark coloured dog running out anyway.
 
Had a similar thing few years back (screaming owner & all!!).....the gardai said that the dog owner is completely at fault & the car owner can claim for damages to their car!! The dog should have been on a lead.

I'd call the gardai just to have it on record.
 
sam h said:
...The dog should have been on a lead...
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According to
S.I. No. 442/1998:​
CONTROL OF DOGS REGULATIONS, 1998​
Section 5.
(1) This article shall apply to every:—
...
(e) German Shepherd (Alsatian),

(2) A person shall not permit a dog to which this article applies to be in a public place unless such dog is:—
(i) securely muzzled; and
(ii) being led by a sufficiently strong chain or leash, not exceeding two metres in length, by a person over the age of sixteen years who is capable of controlling the said dog.

So the owner should have had the dog muzzled and on a lead...

I'd say she hasn't a leg to stand on...

Was there damage to your car?

Since she failed to "... keep it under effectual control, contrary to section 9 of the Act..."(CONTROL OF DOGS ACT, 1986). She could be liable for the damage...
 
besides the fact a dog of that breed should be on a leash in public, as a motorist you are not supposed to stop for a dog. When I did my driving test a dog ran out in front of me and his owner immediately behind him, I had started to brake when I saw the dog - the tester joked with me I was lucky that a person had run along behind cos I would have failed if Id stopped for a dog by itself.
 
Thanks all, I checked my car and no damage so as far as I care the matter is done with. I rang the Guards this morning for a bit of advice, their attitude was it was a non event but I asked them to take my name and details just in case. For some reason I was convinced I was supposed to stop for a dog, though I'd be more concerned for myself and the car than the dog ( sorry animal lovers!)

I guess I will just have to wait and see if this woman does try anything on now.
 
Id say itll be cool - she was probably just upset and got a shock cos her dog got hit by a car. Once she has gone away and calmed down and dog is fine she will forget about it. If anyone close to her has any sense they will have told her by now that she is actually the one who is liable.

Id a friend who during her driving test hit a cat who landed on the bonnet, she kept driving and pulled in when safe to do so, cat shook itself and ran off unharmed, instructor stopped test there and then and passed her saying that if she'd stopped for the cat she would have failed immediately.

So you dont stop for dogs OR cats - the rationale being that you could cause an accident by stopping suddenly or swerving to avoid a dog or cat and end up harming a human being - and the life of a human being is deemed as more important than a cat or dog.
 
truthseeker said:
So you dont stop for dogs OR cats - the rationale being that you could cause an accident by stopping suddenly or swerving to avoid a dog or cat and end up harming a human being - and the life of a human being is deemed as more important than a cat or dog.
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Just curious - is this explicitly stated in the rules of the road?
 
I dont know Clubman, Im basing it on what my own tester told me and what my friends experience was.

I did have a driving instructor who said the same but at that time I was more concerned with not actually crashing into stationary objects so I was unconcerned with the dog/cat information :)
 
Nothing specifically about not stopping for cats/dogs/etc. in this sort of context in the rules of the road as far as I can see. I guess it's covered under some more general heading or something...
 
I thought you had to brake/stop for a dog but not for a cat..as a cat is technically classed as a wild animal i.e. its illegal to hit a dog and keep going but fine for a cat (not that ones better than the other)! Heard it years ago but would love to know if its true!
 
and the life of a human being is deemed as more important than a cat or dog.
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Hey, dont sell yourself short there mate.

Still, gives one food for thought. Now that I know that I can run down all the footpath fouling doggies in the neighbourhood with complete immunity, I will have fun on the way home tonight!!!!!!!!!!!!!!!!!
 
BlueSpud said:
Hey, dont sell yourself short there mate.

Still, gives one food for thought. Now that I know that I can run down all the footpath fouling doggies in the neighbourhood with complete immunity, I will have fun on the way home tonight!!!!!!!!!!!!!!!!!
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Don't be too sure! It may come back and bite you some day! :D


You really need to run down the owners!
They are the ones responsible by law for cleaning up (what) doggies do, not the dogs!


I presume that, if it is safe to do so, stopping before hitting either dog or cat is allowed.
From some of the posts it sounds as if it is compulsory not to stop in any and all circumstances!

And what is the situation when it comes to motorcycles? A nice big German Shepherd might make a mess on the bumper of a car but I wouldn't fancy colliding with one on two wheels?

If, as required by law, the owners kept their dogs under effective control then these events would not happen. Bloody irresponsible dog owners!
 
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