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Old 11-06-10, 05:43 PM   #1
DnvrFox
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Wife had accident today - loose dog as proximate cause

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."

Last edited by Siu Blue Wind; 11-08-10 at 10:36 PM. Reason: corrected spelling
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Old 11-06-10, 05:52 PM   #2
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I would have called the poloce, gotten the names of the dog owners, and made sure they stuck around until the police showed up.
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Old 11-06-10, 05:53 PM   #3
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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
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Old 11-06-10, 05:57 PM   #4
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Sorry about your wife.
Pray she heals fast.
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Old 11-06-10, 06:30 PM   #5
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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.
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Old 11-06-10, 06:38 PM   #6
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Originally Posted by lhbernhardt View Post
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.

Last edited by DnvrFox; 11-06-10 at 06:42 PM.
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Old 11-06-10, 06:43 PM   #7
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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.
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Old 11-06-10, 06:43 PM   #8
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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.
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Old 11-06-10, 06:49 PM   #9
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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.
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Old 11-06-10, 06:53 PM   #10
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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.
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Old 11-06-10, 07:04 PM   #11
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Give Nora a hug for me and tell her I hope she heals quiickly.
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Old 11-06-10, 07:10 PM   #12
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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!
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Old 11-06-10, 07:11 PM   #13
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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.
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Old 11-06-10, 07:23 PM   #14
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Heal fast, Nora.
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Old 11-06-10, 07:26 PM   #15
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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.
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Old 11-06-10, 07:28 PM   #16
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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.

Last edited by DnvrFox; 11-06-10 at 07:54 PM.
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Old 11-06-10, 07:39 PM   #17
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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.
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Old 11-06-10, 08:37 PM   #18
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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".
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Old 11-06-10, 08:42 PM   #19
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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.
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Old 11-06-10, 09:21 PM   #20
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Sorry to hear about Nora's fall. Glad she and thee are OK and taking it easy this evening. Prayers up.
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Old 11-06-10, 09:48 PM   #21
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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.
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Old 11-07-10, 01:13 AM   #22
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Get well soon. You are going to be sore today so time for dnvrFox to do the housework.
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Old 11-07-10, 03:05 AM   #23
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DnvrFox, Sorry to read about the crash. Best wishes for your wife's speedy recovery.

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Old 11-07-10, 06:04 AM   #24
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Glad she is OK - no broken bones. Just hope that she continues to ride with you.
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Old 11-07-10, 06:11 AM   #25
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Denver............you did the best things you could under the circumstances. Reality does not often mirror the ideal. Hope your wife heals quickly.
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