Road Cycling “It is by riding a bicycle that you learn the contours of a country best, since you have to sweat up the hills and coast down them. Thus you remember them as they actually are, while in a motor car only a high hill impresses you, and you have no such accurate remembrance of country you have driven through as you gain by riding a bicycle.” -- Ernest Hemingway

Hit a dog. Now what?

Old 03-09-07, 08:37 AM
  #1  
kingofkc
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Hit a dog. Now what?

So yesterday afternoon I'm riding out in the sticks and from out of nowhere a large dog comes out from under a split-rail fence from my right. It's on me so fast I can neither get on the brakes or accelerate. It proceeds to go directly into my front wheel as I swerve left. I hit it and go down hard on my right side. I'm pretty beat up--gash above my right eye, chunks out of my right hand, road rashes on right knee, hip, elbow, shoulder, cheek. Helmet is cracked on the front and back right sides, but the bike is in order. The dog is fine and comes over and licks me while I'm laying on the center line of the road bleeding and dazed.

A woman happens to be out in front of her house and comes to the road to check on me. She says, "That's not my dog. It's a stray that was dumped out here a few months ago." I notice it has a collar and a bandana. She takes me to her garage and gives me a few bandaids and offers to take me and my bike home since I'm about 15 miles from my house. I decide that since I'm OK and the bike is rideable, I'll ride it off and head home. As I leave, she puts the dog on a leash so it won't chase me.

While riding home I begin to think that it WAS her dog. Otherwise, why would it have wandered back to her garage with us? Why would it have a collar and a bandana? Why would she have a leash out for it? So, if indeed it was dumped a few months ago, she clearly has been taking care of it since then. To me, it's her dog!

Should I call animal control and report it? Or just let it go and chalk it up to an assumed risk while riding out in the country?
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Old 03-09-07, 08:39 AM
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OOOOh, man.
Sounds nasty.

Great that you're not worse right now for sure.

A) If it's a stray that was dumped that long ago, common sense says the bandana would have been long gone.

B) Your theory on it being HER dog might be a solid one.

C) I'm not sure reporting it accomplishes anything in the real world.
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Old 03-09-07, 08:40 AM
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i'd let it go.

although, i hate being deceived.
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Old 03-09-07, 08:41 AM
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Let her know that you know it's hers but that because of her kindness you won't make a big stink out of it.
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Old 03-09-07, 08:42 AM
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I had a similar incident happen a couple of years ago, caused over $1,000 worth of damage to my bike. Even though you have a legal right to compensation (if you can prove it's her dog) good luck getting anything. Only thing I got out of the whole deal was a couple of death threats from a guy that had a job that he got paid under the table from, a wrap sheet the size of a phone book, and an uncle that was the magistrate judge.
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Old 03-09-07, 08:51 AM
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Yeah, there's not much I can do about it. Worst part is I have a job interview in about 2 hours and I look like I've been to fight club! Probably should have gotten stiches on my eyebrow, and I have a black eye and scuffed up cheek. Not even sure I can shave--but I'll have a good story to tell.
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Old 03-09-07, 08:58 AM
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Originally Posted by kingofkc
Yeah, there's not much I can do about it. Worst part is I have a job interview in about 2 hours and I look like I've been to fight club! Probably should have gotten stiches on my eyebrow, and I have a black eye and scuffed up cheek. Not even sure I can shave--but I'll have a good story to tell.
They better give you the job then Sorry to hear about your accident. I would be plenty pissed. Glad your okay though.

Hope your interview went good!!
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Old 03-09-07, 08:58 AM
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That sucks and I agree that you can't do much about it. I've had a few close calls with friendly dogs getting too close to my front tire. It's an accident waiting to happen.
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Old 03-09-07, 09:04 AM
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I had a similar experience about 2 years ago when a dog ran out of the bushes and into my front wheel. I went down, broke a couple of bones in my left hand, had tons of road rash and had to rebuild the front wheel. Amazingly the front rim didn't get bent. It could have been worse so I feel like I shouldn't complain too much.

Someone at the scene did manage to grab the dog and get a partial address off the collar, part of the address apparently was blured out. I think they were able to get a number as well. (some kind of ID).

The police and animal control were totally and completely unhelpful. They kept telling me to call someone else and then that agency said it wasn't their problem and I should call yet another place. This keep going on for several weeks. Finally I gave up and said it just wasn't worth the trouble.
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Old 03-09-07, 09:05 AM
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go back and kick her in the knee caps.
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Old 03-09-07, 09:07 AM
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Id check to see if there is a leash law in your town and would fill a police report. you can also go to the town hall. they have documentation on dogs related to a certain adress. I know in my town we have to report our dogs to the town hall and pay a yearly fee.
if there is a leash law, she is responsable for your incident for sure.
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Old 03-09-07, 09:09 AM
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A few years ago I had a similar incident. Owner claimed the the he saw the whole incident and that I jsut fell in forntof his house. I ended up going ot the hospital with3 broken ribs and some road rash. Went back to the house and sppoke to the "gentelman". He had the same story about my just falling. Called animal controla nd fornd out that the owner had benn sited before for this animal. I filed charges and eventually his insurance company paid my medical bills and the cost of the repairs to my bike. Also found out form the insurance company that this was the last claim they would pay for this dog.

Report the incident to the poilce and animal control.
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Old 03-09-07, 09:09 AM
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I saw an episode of a dog-cop show on tv the other day, and they were able to prosecute a landlord who failed to take care of dogs that were left there by tenants who moved out and left the dogs, even though they weren't hers; she was in charge of them and responsible for them. even the fact that she _had_ a leash to put the dog on would make me think she was in charge of it; she keeps it and (probably) feeds it, what else would constitutes owner?
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Old 03-09-07, 09:19 AM
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If you're considering any legal action, you should go to the doctor ASAP and get those injuries checked out and documented.
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Old 03-09-07, 10:28 AM
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Old 03-09-07, 10:32 AM
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Personally, I would have asked her to pay for any damage (helmet in this case, I guess everything else was fine with the bandaids?). If she has been keeping the dog for more than a day, it's basically hers although it may or may not be legally registered. Most likely, she'll pay for your helmet since she doesn't want you to go the next step and call animal control. But if you're not going to sweat it, leave it be and be happy you didn't get hurt worse.
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Old 03-09-07, 10:34 AM
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I almost did the same yesterday. Got home from work with just enough time to tweak my FD a little to fix my shifting, then go for a test ride around the neighborhood. Little 3 lb dog runs out in front of me, and I hit the brakes, almost turning sideways. Dog would've been dead, and I wouldn't have felt so hot myself, as I wasn't wearing a helmet for my little half mile test drive.

As for advice, its a tough situation. I say report it to make sure there's no history with her and this dog.
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Old 03-09-07, 10:36 AM
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[Botto]
Originally Posted by kingofkc
Yeah, there's not much I can do about it. Worst part is I have a job interview in about 2 hours and I look like I've been to fight club! Probably should have gotten stiches on my eyebrow, and I have a black eye and scuffed up cheek. Not even sure I can shave--but I'll have a good story to tell.
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Old 03-09-07, 10:54 AM
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Originally Posted by LowCel
I had a similar incident happen a couple of years ago, caused over $1,000 worth of damage to my bike. Even though you have a legal right to compensation (if you can prove it's her dog) good luck getting anything.
If the person residing in the house is also the owner then there will be some insurance that will cover the dog ownership. I'm not saying that you should sue, but I would do some investigating before I decided not to sue because I won't be able to collect on the judgment.
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Old 03-09-07, 10:58 AM
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In the country? Dumped a few months ago?

Was it skinny as a rail? I have two dogs, The first and now the Alpha dog we got from the ASPCA. He had been on the street for a couple of years before they got him and they had been feeding him up for a while when we got him. He is a big dog, 105 lbs. now(his proper, not fat weight). But he was about 90 when we got him and the ribs were still showing very prominently.

He he looked fed he is no longer stray.

How you handle it is your choice. But to be fair to the lady involved be aware there are those out there that want to take a situation like this and milk it for all it is worth and more. She might be very willing to cover all the real damages any reasonable person would ask for, just not several thousand dollars.
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Old 03-09-07, 11:20 AM
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first, feel better and good luck with the job.

i would contact the police and tell them you want to file a report, say for insurance purposes if they give you a hard time. you will need the address of the location and other specifis.

even if it was a stray, or is a stray, if she in anway is now taking care of the dog then she has some liability exposure. if she has homeowners insurance then you can pursue a claim through the carrier on the basis that she was negligent for letting the damn dog run wild and into your path. if you are hurt and have significant bike damages i personally would not just let it go. later.
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Old 03-09-07, 12:38 PM
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Report the incident. Although it sounds like the dog was not a stray, it is very possible that it wasn't hers. I've caught many dogs that weren't mine for their own protection as well as that of others.

It sounds likely that it was her dog, but it is also possible that it was just a friendly dog that she may or may not have already known. Many dogs follow people. Some dogs that I've caught wouldn't let me touch them, but I had no trouble leading them into the back yard. Anyone who owns a dog will have a leash they'd be willing to use if a dog needs restraining. There's no way I could count the number of times I've used my leashes on other dogs. That she is friendly to animals that wander around her area is not proof of ownership.

If you report the incident and the cops go out there, they can find out if the dog is hers and cite her if appropriate.
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Old 03-09-07, 12:43 PM
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Originally Posted by aham23
even if it was a stray, or is a stray, if she in anway is now taking care of the dog then she has some liability exposure. .... if you are hurt and have significant bike damages i personally would not just let it go. later.
In other words -- if someone tries to do something useful and happens to be in the wrong place at the wrong time, sue them since they are obviously more responsible for your safety than you are. If you ever crash and no one helps, I hope you won't whine about it.....
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Old 03-09-07, 12:45 PM
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Originally Posted by cnkjr
If the person residing in the house is also the owner then there will be some insurance that will cover the dog ownership. I'm not saying that you should sue, but I would do some investigating before I decided not to sue because I won't be able to collect on the judgment.
The property they have their falling down single wide on belongs to his father in law. The adjoining property, also owned by father-in-law is a poor excuse of an automotive junkyard. Believe me, I did my research on this one. It wasn't worth pursuing. It would have cost me much more in the long run since they knew where I lived. I don't care for the idea of having to worry about my wife or my other property when I am out of town.
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Old 03-09-07, 12:51 PM
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Originally Posted by banerjek
In other words -- if someone tries to do something useful and happens to be in the wrong place at the wrong time, sue them since they are obviously more responsible for your safety than you are. If you ever crash and no one helps, I hope you won't whine about it.....
where am i advocating that he sue her? my statements are based on the facts the OP presented, which lead me to believe that this lady is not telling the truth about the dog. there is a difference in being in the wrong place at the wrong time and being a negligent pet owner. hey, if it is not her dog or if the OP has not sustained significant damages, then so be it and let it go. no where in my statement do i wish harm on someone or whine. later.
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