Don't let your dog get in the road.

Faulkner

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As I sit and write this I suspect some may accuse me of being insensitive. This is a summary account of an incident I was recently dispatched to and subsequently wrote a report regarding a dog that was injured and later died.

“S.O. to Unit 4,” I heard the dispatcher call as I just finished up a traffic stop.

“Unit 4,” I replied on the radio.

“Would you proceed to 500 Williams Road to meet with a Mrs. Brannon who would like for a deputy to take a report regarding an injured dog?”

“10-4 S.O., I am in route.”

Fifteen minutes later I find the mailbox for number 500 on Williams Road. This is a rural part of the county where folks living out in the country mostly run cattle on 20 to 100 acre parcels of land. Fifty years ago this was probably all farm land, mostly cotton, but no one does any serious row cropping in these hills any longer. It’s either beef cattle or family dairy farms these days. I look past the mailbox and see a long driveway of about a quarter mile that leads to a ranch style brick house and a couple of barns.

I turned down the driveway and as I pull up to the house a lady comes out on the porch, I guestimate she’s in her mid-forties.

“Unit 4 to S.O., I’m on scene.”

“10-4 Unit 4. Time out 15:25.”

The lady who met me was Mrs. Brannon and she was visibly upset in that I could tell she had been recently crying. After I introduced myself and asked what the sheriff’s office could do for her she explained that her dog had just died. I offered my sympathies and asked what happened. Mrs. Brannon advised me they have 20 acres and they run about a dozen head of cattle. Her teenage boys are in the FFA program at school and they raise registered red Angus for show and to sell. They also have a couple of family dogs that run around the place. Apparently one of them had been hit by a pickup truck on the road earlier in the day, it survived a few hours but in the end didn’t make it.

“What can I do for you Mrs. Brannon?”

“My son had gone to get the mail from the box down by the road and the dog went with him. Our dog was out in the road when a white Ford pickup came whizzing by and hit our dog. The truck didn’t even slow down or stop. My son thinks he got most of the license plate on the truck.”

“Did your son recognize the truck or driver?” I asked.

“No, he didn’t. He was distraught over the dog getting hit, but he did think to look at the plate.” She gave me a post it note with the first five of a six digit license plate number.

I took the note and asked, “Mrs. Brannon, I want to be clear, was your dog in the road?”

“Yes, Deputy Faulkner, but the driver didn’t stop or even slow down for that matter. I mean, he ran over our dog right in front of our son and just kept going. Would you have stopped if you’d run over our dog?”

“Yes ma’am, I would have, but I’m not sure what it is that you want the sheriff’s office to do in this situation. Your dog was in a county road and got hit by a passing vehicle. You’ve not indicated that the vehicle swerved to hit the dog or that the truck was even driving at an excessive rate of speed. I noticed on my way in that the speed limit on this stretch of road is 50 MPH.”

“What I want, Deputy Faulkner,” her dander was starting to get up, “is for you to do your job to try and track this person down so we can make them pay restitution for killing our dog.”

Now to break the bad news to her, this probably wasn’t going to be well received. “Mrs. Brannon, the driver of that vehicle may very well return on their own accord and when they do they may be asking for YOU to pay restitution for any damage that was caused to their vehicle. According to the county animal control ordinance, since the dog was in the roadway it could be considered “at large”. Even if that does not happen, I’m not at liberty to track this person down because I don’t have reasonable suspicion that a crime has been committed. Like you, I wish the driver had stopped and at least expressed some concern. I have son at home and we have a dog, so I’m sorry your son had to witness his dog getting hit.”

Tears began to stream down her cheeks and after a moment she said, “so you’re not going to help us?”

“I will try and match the license number to a white Ford truck and check to see if it’s stolen or something, but unfortunately, that’s all I can do unless something else turns up.” I answered. “Again, I’m sorry about the loss of your dog.”

We shook hands and Mrs. Brannon turned and went back in the house as I got back in my patrol car.

“Unit 4 to S.O., I’m back in service.”
 
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Keep your dogs off the road!

I live in country and a cardinal rule here at our house is: KEEP THE DOGS OFF THE ROAD! I have trained our dog to stay off the road, however she sometimes goes towards it and I get her back to safer ground. Keep an eye on the dog at all times when it is outside.


If the lady's dog was running free in my opinion it was her fault although it would have been nice if the driver that hit the dog would have at least stopped and helped. You were kind to have went and spoke to her.
 
Yes, those of us that are behind the badge often get calls where we can't really do anything.

I have been on several calls where a parent was upset over incidents involving their children. This one lady was angry because another child had been picking on her daughter. I asked if her child had been struck or threatened. She said, No, this girl was picking at her daughter.

I politely told her that was no "criminal picking" in the Code of Alabama
 
Surprising how many dog owners do not fully understand there need to control their dogs and their responsibility to cover any damages their dog may cause.

Conversely, at least on most roads in OR if you hit a cow, pig or some other farm animal you are responsible for any damage to the animal and the farmer/rancher will not be held responsible as most land in the state is considered open range.
 
We just had the opposite happen a week ago. A neighbor, old enough to know better, was in the habit of letting his young mutt dog chase cars down our county road. Another neighbor, a bit further north, had had several bad encounters with the dog and managed not to hit him, so finally she stopped at neighbor #1’s home and implored him to keep his dog under control since she did not wish to harm him and there would be no way she could avoid him if worse came to worse - no real shoulders roadside, and considerable ditches on both sides of the roadway. (This lady is very gentle and polite individual. I’m sure she was diplomatic.)

The response was nonchalant. He was doing the best he could, etc, etc. In other words, “heywouldyabuzzoff.” With a week or so, the dog again ran out infront of neighbor #2 and this time she was unable to avoid it and hit and killed it. She is an animal lover and is understandly distraught - very distraught. I wish she would pursue action against idiot-neighbor #1 for damages to her vehicle, but of course she won’t. There probably is no actual damage to speak of. Now she lives with the entirely unnecessary “trauma” she’s suffered that could easily have been avoided had neighbor #1 just taken a little concern for the lady down the road, if not for his own dog and family members. :mad:
 
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Very sad. Sorry you had to be put in such a crummy situation.

I was driving down a paved county road once and a dog ran right out in right front of me, no time only chance was to try to strattle it, but THUNK. ****, I stopped and the dog was dying. Went to the house where it ran out and knocked on the door. Double ****, I could hear kids laughing, woman came to the door and I quietly told her what happened, she came out and got a box and I loaded the dog into the box. Nothing I could do, it sucks for everyone involved especially the dog.
 
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LE is not always about "LE".

There are lots of legal ways to put food on the table.

LE is not for everyone.
 
I had just finished a very confrontational interview at a house on the Blackfeet reservation. It was winter, and as the tribal cop and I left in my rig the ever-present rez dog escorted us off the property, barking like crazy. As we got up on to the main road the dog decided to go back home by cutting in front of my Tahoe. No time the hit the brakes - thump, thump.

I just called this guy a child molester in his own house and now I had run over his dog.

I looked in the rearview in time to see the dog spinning around and around on the icy road, belly down, with all four legs at full extension. He hit the ditch in a big cloud of snow, then stood up and shook himself off before heading back to the house, apparently none the worse for wear.

Rez dogs are tough.
 
Back when I was a kid, we had a mutt called Jack that loved to chase cars, especially ours. Whenever we’d leave the house to go to town Jack would chase us down the highway.

I remember my dad leaning out the window trying to nail Jack with a Whamo slingshot to teach him to cut it out. Don’t recall what ultimately happened to Jack. Probably gave him away when we moved from Virginia to Germany in 1958.
 
There is a farm at bend in a road in the Cannon River valley in southern MN, where the dog used to run out into the road and chase my motorcycle. Once he came out really fast. The cylinder and head of my BMW caught him pretty hard and tumbled him into the ditch.

I parked my bike and went over to him just as the owner came out of her driveway, visibly upset. The dog was motionless and unresponsive, but breathing. I suggested we take the dog to a vet, so she went and got her pickup.

Just as we started to pick him up, he sprang to his feet, shook himself and began to wag his tail. That was the best news. Second best was seeing the young lady brighten up. Needless to say, I was pretty relieved myself.
 
It can hurt both ways. Good friend of mine went a half-mile up his street on his Harley and got wiped out by a big mutt that ran into the side of his front wheel. The dog ran home, but Dave went to the ER with a broken collarbone, mucho road rash and embedded gravel which they had to remove with a steel comb.
 
Five years ago, our 22 lb tabby Mojo was struck by a car in front of our home by an old lady who admitted that she wasn't allowed to drive at night and she didn't see him. Mojo was the adopted pet of my whole street.

A dozen, or so, neighbors had gathered and we all felt horrible but none more than the little old lady. She sat on our bottom step and asked if she could hold Mojo. She held him as he breathed his last and she cried the honest tears of the heartbroken.

During a sad circumstance we all made an unexpected friend.
 
It can hurt both ways. Good friend of mine went a half-mile up his street on his Harley and got wiped out by a big mutt that ran into the side of his front wheel. The dog ran home, but Dave went to the ER with a broken collarbone, mucho road rash and embedded gravel which they had to remove with a steel comb.

I also ride and love to cruise the back roads. It's not at all unusual for dogs to be running free and I've had some close calls.
The only time that I actually crashed was due to a chicken. I hate to think how much worse it would have been had it been a dog.
 
Different States, Different Laws! Many states have "Range" law, The animal does not have to be restrained! The Commonwealth of Virginia is this way. On the opposite end is Ohio, you are responsible to keep your animals restrained, and if they get loose, your are automatically in trouble! It then goes up from their, if your animal (pet or livestock) causes any damage, YOU are liable! If your free range chicken causes even a bicycle accident, you can be sued for all real damages, and punitive damages, and pain and suffering.

I our family it is dogs running loose and chasing, injuring, and/or killing livestock. There are more sheep killed by domestic pet dogs than coyotes. My brother raises Miniature Horses, They are fenced in and can't get away from a dog. That will cost the dog's owner quite a bit of money and possible jail time. The neighbor's pair of Boxers got loose and were trying to get into the mini paddock, The mares were worth $5000-8000 (they were winning show horses), the stallion was insured at $45,000 plus $15,000 a year of stud fees (he was a Reserve National Champion).

A loose dog bites someone, the sheriff can destroy that animal (I've never seen it happen, but they have the right by law to shoot it on the spot!). I had a dog as a kid that bit 2 people (did break skin, didn't tear them up) and the deputy told me next time and he is gone! However, mom knocked on the neighbor's door to help with a delivery truck, the neighbors dog went for mom's throat, but got mom's wrist (over 140 stitches! and 2 pints of blood), but the dog was where it was suppose to be. Liability yes, negligence no!

Summer 1968 my brothers best friend is riding a motor cycle through the small town of Harlem, an English sheep dog runs in front of him, and he goes sailing through the air into a guard rail, which splits his helmet in half the he slide another 50 feet. The Sherriff arrives and the dogs owner want the young man charged with killing her dog, but she got a trip to the county lock-up (I think she had the wrong reaction to reality!) The friend was in the hospital the rest of the summer and the first 2 weeks of his senior year of High School. Rumor was, they didn't have enough/correct insurance and lost the house to cover the medical bills! Either way they moved about a year later.

In Ohio, that little old lady I the story above, an ambulance chasing attorney (my apologies to you barristers) could have gotten her damages for the "Mental Anguish" that cat's death her! Easily worth a few grand!

Ivan
 
I lost a dog many years ago because I was stupid. I blame myself to this day.

When I was learning how to drive one of the first things my dad told me was to NEVER swerve to avoid hitting an animal. Good way to get yourself killed.
 
when I was young, stupider than now, and used to jog in the country to stay in shape (round is a shape), I carried my baton. I discouraged a good number of dogs, and one old goose.
 
Ivan the Butcher said:
In Ohio, that little old lady I the story above, an ambulance chasing attorney (my apologies to you barristers) could have gotten her damages for the "Mental Anguish" that cat's death her! Easily worth a few grand!

Ivan


Actually not. You should apologize. Damages for mental suffering are not ordinarily recoverable except in connection with a physical injury.

There seems to be a widespread misapprehension that plaintiffs’ lawyers are cleaning up by filing frivolous lawsuits. In fact, frivolous lawsuits do not make it to trial. They are weeded out long before then my motions to dismiss for failure to state a claim, or for summary judgment (“Even if everything you allege is true, you are still not allowed by law to recover”). If a case does make it to trial, you can be confident that the legal suffiency of the plaintiff’s Case has been sorely tested by defense counsel, who are ordinarily quite competent.

If you read about a large damage award for a case that seems frivolous, you haven’t heard the whole story. More likely, you have heard an incomplete and slanted version of the facts, probably lifted from the defendant’s Statement of the Case.

Insurers would naturally like to improve the claims/premiums ratio of their business. There is also a political motive for wanting to impoverish the Trial Lawyers, but that discussion would be beyond the scope of this forum.
 
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