Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
My dog was hit by a Midas worker in front of my house, and she died instantly. He says he was going 12 miles per hour; that is a lie, but since she wasn’t on a leash does that let him off the hook?
So sorry for the loss of your pet. Generally, a if a driver strikes a loose dog on the street, the driver is not only not liable for the death of the dog, but also may be able to sue the owner of the dog for any damages to his vehicle. On the other hand, if the driver is driving recklessly, the owner may be able to pursue damages from the driver, but these damages would be limited to actual vet costs incurred or the cost of replacing a lost animal. You would not be able to pursue any emotional distress claims against the driver. Although many of us feel that our dogs are family, the law only recognizes them as property.
While a lawsuit against the driver may not be worth the stress and expense, you may find some relief by contacting Midas. The company may be willing to reimburse some expenses out of goodwill. If you have evidence that the driver was driving recklessly, you may want to share that evidence with the company, and possibly the police.
