Does the Driver Who Hit and Killed My Dog Have Liability?

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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?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.

Does the driver who hit and killed my dog have liability?
Article Name
Does the driver who hit and killed my dog have liability?
If my dog was killed by a car when she was off a leash, does the driver have any responsibility? If my dog was killed by someone driving recklessly, does the driver have any responsibility?

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Author: Attorney Alicia