Fifty Plus (50+) - Wife had accident today - loose dog as proximate cause

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DnvrFox
11-06-10, 05:43 PM
Had agreat ride to the shopping center, where we enjoyed an apple and some juice. On the way back, a couple were walking with two loose dogs. As I approached, they called the dogs in - OK. But, as I got closer, one of the dogs walked away directly into my path. The owner made no attempt to call it back.
Well, I had slowed and came to a stop. My wife, who was behind me, had been watching the dogs and not me. I did not have time to signal a stop, and she fell over in her attempt to not hit me.
She hit her head pretty hard, and cut her leg. She did not feel she could ride back, and we failed in trying to contact some close-by friends. We debated the ER and 911, but we have been through that before and DETEST the whole long process, hours of wait, etc. She didn't seemhurt that bad. So, we got her back to a rest stop, and I pedaled furiously home and got the van. We decided to not go to the ER, and she is doing fine tonight, but will be sore tomorrow.
We yelled rather loudly at the owners, who stupidly said, "Well, there is no leash law on this path." Wrong - the whole county has a leash law.
Well, she is OK, I am OK, I got a few miles in of very past pedaling on a mtn bike.
I don't quite know the moral to the story except, "**** happens."
I would have called the poloce, gotten the names of the dog owners, and made sure they stuck around until the police showed up.
lhbernhardt
11-06-10, 05:53 PM
I think this is no different from a motor vehicle accident. I would have called the ambulance on the cell and made sure to at least get contact info from the dog owners. I would think that legally, since they were involved in the incident (I hesitate to call it an accident), they would be legally obligated to remain at the scene because there is a possible injury. Failure to do so would be equivalent to a "hit and run." It would have been a good idea to calll the cops and at least get the dog owners cited on the leash law. In Canada, recourse would have been thru submitting a "public information" to the RCMP. This would have gone to court, where you could claim for damages. Not sure what the procedure would be for the US. You might still be able to go to court if you can locate the owners.
L
10 Wheels
11-06-10, 05:57 PM
Sorry about your wife.
Pray she heals fast.
Call the local Animal Control; if they're like the one here where I live (N.E. IN), they have ticket/fine authority, and can confiscate an animal under those conditions.
DnvrFox
11-06-10, 06:38 PM
I think this is no different from a motor vehicle accident. I would have called the ambulance on the cell and made sure to at least get contact info from the dog owners. I would think that legally, since they were involved in the incident (I hesitate to call it an accident), they would be legally obligated to remain at the scene because there is a possible injury. Failure to do so would be equivalent to a "hit and run." It would have been a good idea to calll the cops and at least get the dog owners cited on the leash law. In Canada, recourse would have been thru submitting a "public information" to the RCMP. This would have gone to court, where you could claim for damages. Not sure what the procedure would be for the US. You might still be able to go to court if you can locate the owners.
L
That's great in theory - here is the reality.
If we call the cops, the following happens:
1. The cops call the rescue squad - automatically.
2. We get to leave the bikes somewhere as we siren off to the ER. Probably lost forever.
3. The ER is at least 6 hours and maybe 12 hours. There are folks waiting in front of you, yoiu wait and wait between doctors and nurses and test results, etc., etc. The stress level for my wife - and we have had a LOT of stress lately, puts her through the roof.
4. As far as getting their names, etc. - how do you suggest I do that? They weren't about to give me their names, and the cops would take at least 15 minutes to get there. They would be long gone. I am not about to get into a fight with them trying to restrain them while my wife is injured. Any brilliant ideas on your part?
I think you live in a world of unreality - or perhaps in Canada scrummy folks like these act correctly?
And I have absolutely NO interest in testifying in court - in a "he said" - no "She said" kind of fight.
Right now, we are happy, relaxed and at home.
DnvrFox
11-06-10, 06:43 PM
Call the local Animal Control; if they're like the one here where I live (N.E. IN), they have ticket/fine authority, and can confiscate an animal under those conditions.
I have NO IDEA who they are and where they live. They disappeared into a warren of apartments.
DnvrFox
11-06-10, 06:43 PM
I have NO IDEA who they are and where they live. They disappeared into a warren of apartments.
Jeez - I was sharing a story, and now I feel like I am defending my - what you consider inadequate - actions.
The Weak Link
11-06-10, 06:49 PM
DnvrFox is a legal eagle as I recall. He knows the law and his options.
It's OK, DF. People lecture me about medical stuff here all the time.
I hope the missus gets to feeling better soon. None of us bounce like we used to.
DnvrFox
11-06-10, 06:53 PM
DnvrFox is a legal eagle as I recall. He knows the law and his options.
It's OK, DF. People lecture me about medical stuff here all the time.
I hope the missus gets to feeling better soon. None of us bounce like we used to.
Not a legal eagle - but son is!!
Thanks for the note.
Wife is doing great, relaxed instead of being beat up in the ER.
Beverly
11-06-10, 07:04 PM
Give Nora a hug for me and tell her I hope she heals quiickly.
ciocc_cat
11-06-10, 07:10 PM
Unfortunately, there will always be irresponsible dog owners and motorists and even (GASP!) on occasion cyclists who don't believe that the law applies to them.
Hope your wife's recovery is a speedy one!
I echo what Beverly said. I hope she'll be feeling good again very soon.
Regarding the ER: If you told them she hit her head hard, I would think the wait should be MUCH shorter.
big john
11-06-10, 07:23 PM
Heal fast, Nora.
miss kenton
11-06-10, 07:26 PM
Although I feel terrible hearing of Nora's fall and hope she recovers quickly, I am relieved to know it wasn't you who fell so soon after surgery.
I'm glad to know you are both resting comfortably. Now tomorrow, when she is stiff and bruised, you can play nurse to her. :)
DnvrFox
11-06-10, 07:28 PM
I echo what Beverly said. I hope she'll be feeling good again very soon.
Regarding the ER: If you told them she hit her head hard, I would think the wait should be MUCH shorter.
With two children with profounnd disabilities, I have been to every ER in the Denver, Northern Chicago and San Diego - (at the time.)
They have to intake you, triage you, wait for a doc to see you (assuming you are not in cardiac arrest or something similar), who may order tests such as blood work, x-rays, etc., You wait for the tests and then the results of the tests, and then for a doc to be free to tell you the results, etc. Last time I was in the ER with Andy, we waited two and one-half hours between the tests results and seeing someone about the test results. Believe me, I know ER's.
HawkOwl
11-06-10, 07:39 PM
Sorry to read about her accident.
Glad to see she is OK and her injuries appear to be minor.
Glad to see you used your best judgement in the situation. For what it is worth, not very much probably, I did the same thing when my wife had an injury some time back.
For your critics: That is why they call it "judgement".
See you soon.
Dchiefransom
11-06-10, 08:37 PM
I hope your wife is okay.
The accident here was not the fault of the dog or owner. A cyclist successfully stopped to avoid a dog, and the cyclist behind went down trying to avoid a rear-end collision. That's why many cyclists yell "stopping". We may not like it, but unless we are actually in a race, we are supposed to leave an "assured clear distance ahead".
billydonn
11-06-10, 08:42 PM
All things considered, you probably did the right thing. You might call animal control or the police and complain about safety issues and unleashed dogs on the path. Also, a call to whatever agency manages the trail (Parks and Recreation District?)might be good. Enough of those calls might make a difference in enforcement eventually. Makes you think how handy a digital camera might be, eh?
Glad your wife is recovering well.
doctor j
11-06-10, 09:21 PM
Sorry to hear about Nora's fall. Glad she and thee are OK and taking it easy this evening. Prayers up.
I'm sure you would seek care for your wife if she were to show any sign of problems relating to hitting her head.
Emergency departments can be amazingly prompt and efficient if your life is in the balance and there is not a moment to spare but otherwise, for most seeking care, there is often (!) some waiting and delays involved.
Pamper your lady at least until she is no longer sore. Hope you are able to ride together again soon.
stapfam
11-07-10, 01:13 AM
Get well soon. You are going to be sore today so time for dnvrFox to do the housework.
DnvrFox, Sorry to read about the crash. Best wishes for your wife's speedy recovery.
Brad
cyclinfool
11-07-10, 05:04 AM
Glad she is OK - no broken bones. Just hope that she continues to ride with you.
maddmaxx
11-07-10, 05:11 AM
Denver............you did the best things you could under the circumstances. Reality does not often mirror the ideal. Hope your wife heals quickly.
DnvrFox
11-07-10, 05:41 AM
All things considered, you probably did the right thing. You might call animal control or the police and complain about safety issues and unleashed dogs on the path. Also, a call to whatever agency manages the trail (Parks and Recreation District?)might be good. Enough of those calls might make a difference in enforcement eventually. Makes you think how handy a digital camera might be, eh?
Glad your wife is recovering well.
I'll give that some thought. There are six different jurisdictions here - Arapahoe County, Douglas County, the Jordan/Parker Metro District, the city of Aurora, the City of Centennial and the Town of Parker. The trail passes through all of these in this area, as it is sort of a conjoining point between these jurisdictions. Not all have animal control, specifically. Given our budget cutbacks, in any case, the service has been reduced.
We have not had problems in the past with loose dogs, and we will likely not have problems in the future. This was an isolated incident. Nora was looking into the sun, which was one of the reasons she did not see me stop. All-in-all it was sort of an anomaly. What irritated me the most was that the owner of the dog made absolutely no attempt to get the dog back to him when he was wandering into my path.
Sometimes you just have to deal with stupid people.
Thanks for the thought.
whitecat
11-07-10, 05:50 AM
That dog, and the owner would be lucky not to get beat down in a second for that kind of stupidity, and that kind of brazen behavior. After that kind of behavior, I'd rather ask questions later, not sooner. Maybe they would get some manners after that.
DnvrFox
11-07-10, 06:00 AM
That dog, and the owner would be lucky not to get beat down in a second for that kind of stupidity, and that kind of brazen behavior. After that kind of behavior, I'd rather ask questions later, not sooner. Maybe they would get some manners after that.
Your 73 yo wife is lying on the ground, bleeding, with unknown head injuries - and you are going to go and beat up the dog owner, leaving her lying there?
Wow - that is a different set of priorities!!
DnvrFox
11-07-10, 06:19 AM
I hope your wife is okay.
The accident here was not the fault of the dog or owner. A cyclist successfully stopped to avoid a dog, and the cyclist behind went down trying to avoid a rear-end collision. That's why many cyclists yell "stopping". We may not like it, but unless we are actually in a race, we are supposed to leave an "assured clear distance ahead".
I hear your point, but I also believe that when an illegal incident (loose dog) sets off a chain of events leading to an accident/injury, that the court would assign at least 50% or more liability to the individual who set the events in motion.
See you in court!! :)
Bare Feet
11-07-10, 06:37 AM
So sorry to hear that this happened to you and your wife DnvrFox. My best wishes to her.
What I find so disturbing about this story though, is the lack of an immediate helpful response by the dog owners. They should have leashed their dogs and then bent over backwards to offer you assistance in any way possible. How do you walk away from an injured woman in her 70s in that situation? It's mind boggling!
DnvrFox
11-07-10, 06:51 AM
So sorry to hear that this happened to you and your wife DnvrFox. My best wishes to her.
What I find so disturbing about this story though, is the lack of an immediate helpful response by the dog owners. They should have leashed their dogs and then bent over backwards to offer you assistance in any way possible. How do you walk away from an injured woman in her 70s in that situation? It's mind boggling!
They had no leashes.
BikeArkansas
11-07-10, 09:53 AM
I must agree with you completely concerning the ER. In my recent crash involving a deer I absoutely refused being taken to the ER. I would have waited for hours behind the illegals etc. that use the ER for their family doctor. Sorry, but I have no use for that. I am better off at home resting instead of being told that it will only be a few more minutes for 3 or 4 hours. Everything you did was with very sound judgement and I applaud you loudly. You did the best for your wife while controling your emotions. Wonderful.
DnvrFox
11-07-10, 10:35 AM
I must agree with you completely concerning the ER. In my recent crash involving a deer I absoutely refused being taken to the ER. I would have waited for hours behind the illegals etc. that use the ER for their family doctor. Sorry, but I have no use for that. I am better off at home resting instead of being told that it will only be a few more minutes for 3 or 4 hours. Everything you did was with very sound judgement and I applaud you loudly. You did the best for your wife while controling your emotions. Wonderful.
Thanks.
Monday monday quaterbacking is always easy for others to do.
I must agree with you completely concerning the ER. In my recent crash involving a deer I absoutely refused being taken to the ER. I would have waited for hours behind the illegals etc. that use the ER for their family doctor. Sorry, but I have no use for that. I am better off at home resting instead of being told that it will only be a few more minutes for 3 or 4 hours. Everything you did was with very sound judgement and I applaud you loudly. You did the best for your wife while controling your emotions. Wonderful.Really?
lhbernhardt
11-07-10, 11:38 AM
That's great in theory - here is the reality.
If we call the cops, the following happens:
1. The cops call the rescue squad - automatically.
2. We get to leave the bikes somewhere as we siren off to the ER. Probably lost forever.
3. The ER is at least 6 hours and maybe 12 hours. There are folks waiting in front of you, yoiu wait and wait between doctors and nurses and test results, etc., etc. The stress level for my wife - and we have had a LOT of stress lately, puts her through the roof.
4. As far as getting their names, etc. - how do you suggest I do that? They weren't about to give me their names, and the cops would take at least 15 minutes to get there. They would be long gone. I am not about to get into a fight with them trying to restrain them while my wife is injured. Any brilliant ideas on your part?
I think you live in a world of unreality - or perhaps in Canada scrummy folks like these act correctly?
And I have absolutely NO interest in testifying in court - in a "he said" - no "She said" kind of fight.
Right now, we are happy, relaxed and at home.
Sorry, just trying to be helpful. I guess medical care really is different in Canada, or you're right that my initial response was not well thought out. I find that my initial response is usually vengeful, and that's my own problem. I had a similar thing happen recently, and it's interesting that people today are less inclined to be helpful, especially when they could be held to blame. I guess it's just more symptoms of the growing lack of personal responsibility in society today. Sad.
L.
Monoborracho
11-07-10, 12:10 PM
That dog, and the owner would be lucky not to get beat down in a second for that kind of stupidity, and that kind of brazen behavior. After that kind of behavior, I'd rather ask questions later, not sooner. Maybe they would get some manners after that.
Or maybe your wife AND YOU would be laying on the ground bleeding after you tried to beat down the dog owners.
Loose dogs are a curse to cyclists. Dog owners just do not seem to get it. I have seen four cyclists hit dogs off a leash, hit their heads and be rendered unconscious. It can be really dangerous. Whenever I see a dog off a leash, I go into EXTREME DANGER mode. The dog does not know the rules and the owners usually are more ignorent than the dogs.
missjean
11-07-10, 01:11 PM
I hope your wife feels better soon.
And shame on those dog owners for not helping you and your wife.
When riding alone, I have followed dog walkers like this home (remaining at a distance). Then when something happens, I do not have to ask them any questions, just report where they live.
Also lets me know better where to expect such rude dog walkers the next ride through the area.
hwycruiser
11-07-10, 01:58 PM
I carry a can of Halt! ( http://www.halt.com/halt.html ) in my jersey pocket everytime I ride. Anytime a dog gets within 20 feet I give them a blast of the spray. Stops the dogs in their tracks and then they run for the grass to wipe their face. I have done it right in front of the irresponsible owners because I have a right to defend myself. It does not hurt the dog and they will remember you the next time you encounter them. It actually becomes kinda fun to have a defense ready for them. Keep it in your pocket where you can get to it quickly. You can get it at most bike retailers and I do not work for the company just a customer who thinks they have a great product.
I hate those idiots that ignore leash law, pretty much anyplace you go in public, the dog must be on a leash. I've had people argue that with in 20 ft from a "All dogs mush be on Leash" sign, saying it wasn't a law, but a suggestion! I've had to kick a few, to protect my mutt. My dog is 120 lbs, a gentle giant. But he is ALWAYS on a leash in public, no exceptions. It's the responsible thing to do, plus you never know what will set them off.
Hope your wife feels better.
cyclinfool
11-07-10, 02:33 PM
You know - I wonder if the outcome would have been any different if the dog owner had one of those recoiling leashes that pay out 20 or 30'. Those things scare me when passing on the bike path. I fear the dog will bolt across my path and I'll get clothes lined. I usually slow and make sure the owner is taking up the slack.
Sorry about those dogs--so often the dog owners have no idea how unpredictable and dangerous dogs are!
I rode over a chihuahua this summer on the local bike path and did not fall, the poor dog was ok but for sure frightened!
Yesterday, going up South Park drive in the Berkeley hills which is closed in winter to protect the migration of newts,
people come with their dogs and let them loose and it is scary because it is a very steep (15%) 2 miles road--and cyclists
coming down at 40 plus mph will encounter those loose dogs with disastrous results!
HawkOwl
11-07-10, 04:59 PM
I've gotten out of the habit of carrying bear spray or pepper spray when I ride because encounters with dogs is so infrequent. But, maybe I ought to start again; especially when I visit the States.
The spray I use has an orange dye in it that will dramatically mark whatever is sprayed. Some years ago, pre-cycling for me, I had a neighbor, no, a person living next door, who somehow couldn't keep his dogs home. One day I sprayed his all black dogs with the spray when they were over harassing my chained, in his own yard dog. It left big orange blotches on their backs. The person next door came home, found his dogs loose but with orange blotches, gave me a dirty look and took them inside. They somehow were always in their own yard or on a leash from then on. Fancy that.
DnvrFox
11-07-10, 05:13 PM
You know - I wonder if the outcome would have been any different if the dog owner had one of those recoiling leashes that pay out 20 or 30'. Those things scare me when passing on the bike path. I fear the dog will bolt across my path and I'll get clothes lined. I usually slow and make sure the owner is taking up the slack.
I call them "chains of death."
Everyone, please remember that I ride this trail often, I hardly ever see a loose dog, it is NOT a problem here, and this was an anomaly. A one-time (hopefully) occurence. I am not going to get too excited about calling the authorities,etc., etc., for something that happens once every 10 years, if that often.
Also, I almost always am behind my wife, letting her lead, as I have better bicycling skills than she does. This time I wasn't. But, as I said, **** happens. Don't generalize to the world on one incident.
HawkOwl
11-07-10, 05:22 PM
... But, as I said, S**T happens. Don't generalize to the world on one incident.
Why not?? This is a perfect opportunity to enact another For Your Own Good Law/Regulation requiring Stay Back 50 Feet warning signs on all bikes.:rolleyes:
It is also an opportunity to hire enough people to patrol the paths during daylight hours to prevent a recurrance of the loose dogs. Why it would also do something for the unemployment rate. :rolleyes::rolleyes:
Dchiefransom
11-07-10, 05:25 PM
I hear your point, but I also believe that when an illegal incident (loose dog) sets off a chain of events leading to an accident/injury, that the court would assign at least 50% or more liability to the individual who set the events in motion.
See you in court!! :)
When you're riding like that, try calling out "stopping". That covers her looking at flowers or young hunks, also.
DnvrFox
11-07-10, 05:29 PM
When you're riding like that, try calling out "stopping". That covers her looking at flowers or young hunks, also.
Yes, you mentioned that previously. Thanks for the thought.
whitecat
11-08-10, 05:21 AM
Your 73 yo wife is lying on the ground, bleeding, with unknown head injuries - and you are going to go and beat up the dog owner, leaving her lying there?
Wow - that is a different set of priorities!!
Well, I think you are correct - but from a different perspective, stupidity of that dog owner caused that - and I probably could not stay indifferent to that. You are right, but if anything, at least we can vent on the forum :D
And yes, I think you did the right thing, I would do the same - after all she is the one important to you. But, the fact that the stupid dog owner deserves a good smack on the head after that, still stands. Nothing sends my bp trough the roof as an accident that could easily been avoided if some people used just a small portion of their brains. The stupidity is what sets me off. I have no problem if they hurt themselves when acting stupid, but if they hurt me or a person i care for, then it becomes my problem, and such carelessness simply disgusts me. Sorry for the rant, but had to let it out.
DnvrFox
11-08-10, 05:25 AM
Sorry, just trying to be helpful. I guess medical care really is different in Canada, or you're right that my initial response was not well thought out. I find that my initial response is usually vengeful, and that's my own problem. I had a similar thing happen recently, and it's interesting that people today are less inclined to be helpful, especially when they could be held to blame. I guess it's just more symptoms of the growing lack of personal responsibility in society today. Sad.
L.
Thanks for your response.
Have a good day! :)
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