Hit and run on a dog?

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  • swagge1

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    A guy on another message board I frequent was explaining how he was upset because a "hit and run" driver ran over his dog in the street and kept on going. I am unaware of any laws requiring motorists to stop after they have struck an animal on the road.

    This brings up another point... Lets say you are driving along and someone whom you do not know has their animal get loose and you run over their animal in the road. What good could possibly come from you stopping? The owner is going to be distraught, and maybe even violent towards you. Maybe if your vehicle was severely damaged it might make sense to stop, i.e. if you hit a tagged cow or horse.

    I have had a similar situation happen to me when I was about 19. I was driving along at about 1:30 AM and a black lab ran out in the road. I was going about 55. I didn't swerve and ran the dog completely over busting out one of my fog lights. The presumed owner was on the porch and saw the whole thing. I didn't stop. Later on when I was coming back home at about 2 AM the owner was out near the road with a shovel, hoe or some other long handled bladed tool looking at the cars that were passing by. I think that had I stopped nothing good would have come of it. I had a scratch on my bumper and had to get the fog light replaced.

    Any takes on this topic?
     
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    oleheat

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    I really wish EVERYONE who SUPPOSEDLY cared for their pets would do all they could to keep them off of the public roadways.


    Hit & run involving a dog? To me, that's a bit of a joke. :dogkeke:
     

    spanky

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    A guy on another message board I frequent was explaining how he was upset because a "hit and run" driver ran over his dog in the street and kept on going. I am unaware of any laws requiring motorists to stop after they have struck an animal on the road.

    This brings up another point... Lets say you are driving along and someone whom you do not know has their animal get loose and you run over their animal in the road. What good could possibly come from you stopping? The owner is going to be distraught, and maybe even violent towards you. Maybe if your vehicle was severely damaged it might make sense to stop, i.e. if you hit a tagged cow or horse.

    I have had a similar situation happen to me when I was about 19. I was driving along at about 1:30 AM and a black lab ran out in the road. I was going about 55. I didn't swerve and ran the dog completely over busting out one of my fog lights. The presumed owner was on the porch and saw the whole thing. I didn't stop. Later on when I was coming back home at about 2 AM the owner was out near the road with a shovel, hoe or some other long handled bladed tool looking at the cars that were passing by. I think that had I stopped nothing good would have come of it. I had a scratch on my bumper and had to get the fog light replaced.

    Any takes on this topic?
    Should've gotten him to pay to fix your car. :D
     

    Rahllin

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    I tend to agree. This day in age, someone would probably sue or shoot you if you stopped. In all seriousness, I think it would be a case by case thing. If I hit an animal in a neighborhood, and I thought I might know the person who the animal belonged to, I would likely stop. If someone appeared to be chasing after the animal trying to catch a dog or something that got out, and the accident was 100% unavoidable, I would possibly stop. Most situations where something like this would happen, I doubt there would be any point in stopping.
     

    themcfarland

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    dogs in a road, they do not belong in the road..

    I am a dog lover and my dogs live long lives since I never take them out without a leash on them. Now when I do hunt with the male, I leash him to the field... far away from traffic..

    I have cut two dogs in half in my life, one was on the bike and I was going WAY to fast to do anything, and the other was on a very, very fogging night up north and a dog was in the road and I did not see it until it was under my tire.. that still bothers me, but roads are for cars, and yards are for dogs.. when they meet, there are issues..
     

    Nolacopusmc

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    Since animals (personally owned pets, not wild) are typically viewed as physical property in legal matters, if you run over my dog and do not stop based on an accident that involved property damage, you have committed hit and run. Furthermore, you have damaged my personal property (one I am emotionally attached to), so if you are so void of personal accountability and human emotion to run away, expect the full extent of civil law to reign down upon thee.

    Depending on the circumstances, you may have also committed Criminal Cruelty to Animals, Reckless Operation, or Careless Operation. However, that would involve circumstances other than your typical "dog darted out" scenario.

    Now, as is always the case, a lot depends on the circumstances surrounding the incident and the discretion of the officer. Personally, I think you are a worthless piece of **** if you hit someone's pet and do not even bother to stop and see if it/they need help. Just because it is not your fault the dog ran out, does not IMO relieve you of the moral responsibility for doing the right thing. You hit a coon, deer, etc..that is one thing.

    I think your previous behavior is repulsive, and your whole logic about not stopping for fear of retaliation is laughable. Accidents happen. My dog has a mind of its own. It runds out, I will be upset, but **** happens. However, you run away like a heartless coward, and I will exhaust every legal means to make you pay for your lack of decency.

    I will say this though, it is ultimately the owner's responsibility to keep the dog properly restrained to avoid these types of situations, which is why I separate the hitting and the not stopping into two separate acts. The hitting is 99.99% of the time and accident that the driver had no control over. However, the failure to stop is more a testament to their lack of character and general give a f-ck about others.

    Just my opinion. And for the record, as a child I had a dog run smack over and killed right in front of me. It was an accident, but the guy had the common decency to stop.

    §100. Hit-and-run driving

    A. Hit and run driving is the intentional failure of the driver of a vehicle involved in or causing any accident, to stop such vehicle at the scene of the accident, to give his identity, and to render reasonable aid.

    B. For the purpose of this Section:

    (1) "To give his identity", means that the driver of any vehicle involved in any accident shall give his name, address, and the license number of his vehicle, or shall report the accident to the police.

    (2) "Serious bodily injury" means bodily injury which involves unconsciousness, extreme physical pain, or protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk of death.

    (3) "Vehicle" includes a watercraft.

    (4) "Accident" means an incident or event resulting in damage to property or injury to person.

    C.(1)(a) Whoever commits the crime of hit-and-run driving where there is no death or serious bodily injury shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.

    (b) Whoever commits the crime of hit-and-run driving where there is no death or serious bodily injury shall be fined not more than five hundred dollars, imprisoned for not less than ten days nor more than six months, or both when: (i) there is evidence that the vehicle operator consumed alcohol or used drugs or a controlled dangerous substance prior to the accident; (ii) the consumption of the alcohol, drugs, or a controlled dangerous substance contributed to the accident; and (iii) the driver failed to stop, give his identity, or render aid with the knowledge that his actions could affect an actual or potential present, past, or future criminal investigation or proceeding.

    (2) Whoever commits the crime of hit-and-run driving, when death or serious bodily injury is a direct result of the accident and when the driver knew or should have known that death or serious bodily injury has occurred, shall be fined not more than five thousand dollars or imprisoned with or without hard labor for not more than ten years, or both.

    (3) Whoever commits the crime of hit-and-run driving where all of the following conditions are met shall be imprisoned, with or without hard labor, for not less than five years nor more than twenty years:

    (a) Death or serious bodily injury is a direct result of the accident.

    (b) The driver knew or must have known that the vehicle he was operating was involved in an accident or that his operation of the vehicle was the direct cause of an accident.

    (c) The driver had been previously convicted of any of the following:

    (i) A violation of R.S. 14:98, or a law or an ordinance of any state or political subdivision prohibiting operation of any vehicle or means of transportation or conveyance while intoxicated, impaired, or while under the influence of alcohol, drugs, or any controlled dangerous substance on two or more occasions within ten years of this offense.

    (ii) A violation of R.S. 14:32.1-vehicular homicide.

    (iii) A violation of R.S. 14:39.1-vehicular negligent injuring.

    (iv) A violation of R.S. 14:39.2-first degree vehicular negligent injuring.

    Amended by Acts 1968, No. 647, §1. Acts 1988, No. 671, §1; Acts 1997, No. 561, §1; Acts 1999, No. 1103, §1; Acts 2003, No. 159, §1.
     

    Tulse Luper

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    It would all depend on the variables, no matter what the law says. In the vast majority of circumstances, I would most likely stop, knowing that the animal may be someone's pet. But first thing I do before getting out of the vehicle would be call the police.

    I'm in St. Roch and I hit a pit bull? Guess what, I'm out.
     

    spanky

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    Since animals (personally owned pets, not wild) are typically viewed as physical property in legal matters, if you run over my dog and do not stop based on an accident that involved property damage, you have committed hit and run. Furthermore, you have damaged my personal property (one I am emotionally attached to), so if you are so void of personal accountability and human emotion to run away, expect the full extent of civil law to reign down upon thee.

    Depending on the circumstances, you may have also committed Criminal Cruelty to Animals, Reckless Operation, or Careless Operation. However, that would involve circumstances other than your typical "dog darted out" scenario.

    Now, as is always the case, a lot depends on the circumstances surrounding the incident and the discretion of the officer. Personally, I think you are a worthless piece of **** if you hit someone's pet and do not even bother to stop and see if it/they need help. Just because it is not your fault the dog ran out, does not IMO relieve you of the moral responsibility for doing the right thing. You hit a coon, deer, etc..that is one thing.

    I think your previous behavior is repulsive, and your whole logic about not stopping for fear of retaliation is laughable. Accidents happen. My dog has a mind of its own. It runds out, I will be upset, but **** happens. However, you run away like a heartless coward, and I will exhaust every legal means to make you pay for your lack of decency.

    I will say this though, it is ultimately the owner's responsibility to keep the dog properly restrained to avoid these types of situations, which is why I separate the hitting and the not stopping into two separate acts. The hitting is 99.99% of the time and accident that the driver had no control over. However, the failure to stop is more a testament to their lack of character and general give a f-ck about others.

    Just my opinion. And for the record, as a child I had a dog run smack over and killed right in front of me. It was an accident, but the guy had the common decency to stop.

    §100. Hit-and-run driving
    Maybe you shouldn't have left your personal property in the roadway. :hsugh:
     

    Nolacopusmc

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    It would all depend on the variables, no matter what the law says. In the vast majority of circumstances, I would most likely stop, knowing that the animal may be someone's pet. But first thing I do before getting out of the vehicle would be call the police.

    I'm in St. Roch and I hit a pit bull? Guess what, I'm out.

    CUMODITY_You_Scared_Hoe-front-large.jpg
     

    Nolacopusmc

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    Maybe you shouldn't have left your personal property in the roadway. :hsugh:

    I didn't "leave" it in the roadway. It is a sentient being with a mind of it's own. Just like a child. Sometimes horrible things happen despite the best of intentions.

    However, like I said before, the overwhelming majority of the responsibility rests with the owner to restrain the dog.

    However, that does not relieve you from the legal and moral responsibility to stop, even if it is 100% not your fault.

    The OP was about stopping, not about whose fault it was the dog got hit. There is both an ethical and a legal component to stopping.
     
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    themcfarland

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    I am exempt from both in my case, I was out if the middle of no mans land and there were no collars on and no houses around.. Do I still have your approval NC?? Please.. :)
     

    Nolacopusmc

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    I am exempt from both in my case, I was out if the middle of no mans land and there were no collars on and no houses around.. Do I still have your approval NC?? Please.. :)

    If clearly not around civilization, then I guess you have to make that call, but the OP knew he hit someone's pet. There will always be extenuating circumstances.
     

    SpeedRacer

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    If my dog was improperly leashed and ran out into the road, I'd be glad they didn't stop after hitting him. WTF is it going to accomplish? Am I gonna demand a hug and an apology? I'd just be happy I didn't have to pay for their car repairs, considering I am at fault for not keeping my stupid dog contained.
     

    oleheat

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    Years ago (circa 1990) a company I used to work for had one of it's delivery men dropping off a pallet of goods off of "old" Choctaw Drive in BR. That was an unsafe area back then. Today, it is on-par with the very worst of them.

    Long story short: Some high school-aged youths (who weren't in school) were walking a pitbull on the side of the road. Dog breaks loose, gets smashed by the delivery truck. Along with having to check the truck for damage, the driver thinks he'll do the right thing, and stop. He quickly finds himself surrounded by a large group of angry locals, some of whom tell him they like the looks of his truck & what's in it- along with how he's about to get his head kicked in for what he's done. If not for a BRPD unit that showed up by chance- dispersing the crowd- things may have "deteriorated" rather quickly.

    So yes- I'd have to say that whether or not someone stops over a deceased animal depends COMPLETELY on the individual situation. Just my opinion.....
     

    Nolacopusmc

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    I'd like to see a case where hitting a dog and not stopping = hit and run.

    I have had a similar situation happen to me when I was about 19. I was driving along at about 1:30 AM and a black lab ran out in the road. I was going about 55. I didn't swerve and ran the dog completely over busting out one of my fog lights. The presumed owner was on the porch and saw the whole thing. I didn't stop. Later on when I was coming back home at about 2 AM the owner was out near the road with a shovel, hoe or some other long handled bladed tool looking at the cars that were passing by. I think that had I stopped nothing good would have come of it. I had a scratch on my bumper and had to get the fog light replaced.

    Any takes on this topic?


    Just saying.
     
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