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Author Topic: "Act of God"?  (Read 5746 times)

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fresh oil and pipes

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"Act of God"?
« on: September 16, 2010, 10:57:58 PM »

Gumby Down. Gumby had a collision with a large sized dog LEO advised that since it was in rural area without any leash laws that even though the owner of the animal was present and identified that they may or may not be liable for the damage to Gumby even thought the  collision occured on a public roadway and Gumby was being legally operated. Damage easily identified on curbside: Motolight destroyed, lower damaged, crash bar bent (a lot), running board bent badly, highway peg questionable, operator toes and ankle. A motor vehicle involved in a collision with an animal of any kind in a rural area without specific laws stating they shall be confined has participated in an "Act Of God" and is therefore considered a civil disagreement and must be handled as such. Ride Hard/Ride Safe. Just Sayin.
« Last Edit: September 17, 2010, 07:40:32 AM by cobb »
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grc

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Re: "Act of God"?
« Reply #1 on: September 17, 2010, 08:38:11 AM »


Sorry about your unfortunate incident, but I guess I can understand why the law might look on this as just an accident and not something for which the owner of the animal would be criminally liable.  No requirements out in the country to leash or control animals, so obviously the law looks at it as if you had hit a deer or something similar.  I don't know that I totally agree with that thought process, but it is what it is.  Just be thankful the result was repairable damage to the bike, and not major damage to the rider.

I've always been very careful when riding out in the unincorporated areas around here just for the reason you mentioned.  People who live in those areas tend to be used to doing as they please and also tend to not think about the fact that someone may be driving by at any time.  I've had to dodge dogs, kids on scooters or ATV's shooting out of driveways, people pulling out of driveways in cars and trucks with nary a glance to see if there is any traffic, etc.  While riding in the country is much more enjoyable than riding in towns and cities, it can be just as dangerous.

Hopefully your insurance is good and they'll get you fixed up ASAP. 


Jerry
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FLYNDYNA

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Re: "Act of God"?
« Reply #2 on: September 17, 2010, 11:27:19 AM »

Sorry to hear about your accident. It is a shame that leash laws are not state-wide. If you are in the country and an unleashed dog bites you, is that owner negligence? Same as it coming out in front of your bike. Regardless of whether it is a law or not, the owner should assume liability...hope it is resolved quickly and that you heal rapidly  :2vrolijk_21:
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miker

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Re: "Act of God"?
« Reply #3 on: September 17, 2010, 11:52:47 AM »

Well, God spelled backwards is.....??   ???

Glad to here the Cobbah is OK with minimal Gumby damage...
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SBB

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Re: "Act of God"?
« Reply #4 on: September 17, 2010, 12:20:33 PM »



Cobb

If the owners of the dog are homeowners then they have homeowners insurance.
You should be covered.

SBB
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Re: "Act of God"?
« Reply #5 on: September 17, 2010, 01:15:20 PM »

SBB / Chip is correct. 

Whether or not there is a leash law in the area.  The dog owner has a duty of reasonable care toward others in the handling of the dog.  If the dog is out in the middle of the street that is arguably negligence on the part of the owner who would thus be liable, civilly for your damages.  This assumes you were driving prudently, of course.  Refer this incident to your auto insurance company and they should seek reimbursement from the dog owner or the owner's home insurance. 
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Chains

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Re: "Act of God"?
« Reply #6 on: September 19, 2010, 12:37:50 PM »

I agree, homeowners should cover it, they would if the dog bit you, should not be any different than running out in the road and causing you to crash.
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Re: "Act of God"?
« Reply #7 on: September 19, 2010, 03:15:26 PM »

How do you prove that the dog ran out in front of you and caused the crash?


of course you said that it did, is that enough?
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Re: "Act of God"?
« Reply #8 on: September 19, 2010, 03:28:45 PM »

How do you prove that the dog ran out in front of you and caused the crash?


of course you said that it did, is that enough?




Reading Cobb's story the dogs owner was there and witnessed it, sounds like the owner of the dog is responsible.
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fresh oil and pipes

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Re: "Act of God"?
« Reply #9 on: September 19, 2010, 03:53:25 PM »

How do you prove that the dog ran out in front of you and caused the crash?


of course you said that it did, is that enough?


Very good point. Owners did witness, have teeth from the dog and a piece of dog chit that ended up on my running board with photos as far as actually proving beyond a shadow of doubt my word againest the dogs.  :nixweiss: :nixweiss: :nixweiss: :nixweiss: :nixweiss: :nixweiss: :nixweiss: :nixweiss: Also have an after the fact witness that heard the family ask if I was going to pay for the dog.
« Last Edit: September 19, 2010, 03:55:00 PM by cobb »
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MAT

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Re: "Act of God"?
« Reply #10 on: September 19, 2010, 04:24:34 PM »

Also have an after the fact witness that heard the family ask if I was going to pay for the dog.



If they cared more for that dog and used a collar and leash they would not have to worry about that!
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fresh oil and pipes

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Re: "Act of God"?
« Reply #11 on: September 19, 2010, 04:41:20 PM »

In their defense they are rural several miles from any town the dog had been across the roadway chasing cows which is a capital punishment offense for a dog in most of Oklahoma in reality will prob just fix the bike myself and let it all go life is to short to create issues and conflict. None of us should sweat the small stuff and a broken bike is really small stuff in the grand scheme of things. My grandfather (wish I had one more day to talk to him) advised me to choose my battles wisely and to always step up and do what is right if it had been my dog I would step up and fix the vehicle involved but....................................You are a great bunchof guys/gals and I appreciate all the imput and concerns that may be the blessing I was supposed to recieve from this incident. Ride Hard/Ride Safe.
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Keats

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Re: "Act of God"?
« Reply #12 on: September 19, 2010, 05:04:19 PM »

Also have an after the fact witness that heard the family ask if I was going to pay for the dog.


Now that is funny............who is going to pay for the dog? seriously
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Re: "Act of God"?
« Reply #13 on: September 19, 2010, 07:38:03 PM »

In their defense they are rural several miles from any town the dog had been across the roadway chasing cows which is a capital punishment offense for a dog in most of Oklahoma in reality will prob just fix the bike myself and let it all go life is to short to create issues and conflict. None of us should sweat the small stuff and a broken bike is really small stuff in the grand scheme of things. My grandfather (wish I had one more day to talk to him) advised me to choose my battles wisely and to always step up and do what is right if it had been my dog I would step up and fix the vehicle involved but....................................You are a great bunchof guys/gals and I appreciate all the imput and concerns that may be the blessing I was supposed to recieve from this incident. Ride Hard/Ride Safe.


All very true, but their neglect to have a loose dog near a roadway that could have cost you your life and for them to be more worried about the cost ( injuries/replacement ) of the dog shows they didn't care about the dog in the first place and your well being most importantly, some (a lot) people amaze me, all and all I'm glad your OK   :2vrolijk_21: 
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Supershooter

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Re: "Act of God"?
« Reply #14 on: September 19, 2010, 07:46:06 PM »

grc I do take offense to your comments: People who live in those areas tend to be used to doing as they please and also tend to not think about the fact that someone may be driving by at any time.

I am one of those people that live in the country. I do have a dog that is unleashed and he is used as a tool on our farm. Our dog is responsible for taking care of rodents and other uninvited wildlife that just shows up, and intends to do damage to my property. Tug is also used for handling livestock in our cattle operation. We live close to the road and have worked with the dog to stay off the road.

I ride just like everyone else 10.000 miles this year, and a lot of country miles. I do not expect for anyone to replace my dog if he gets hit on the road and I don't expect to pay for their damages if they hit my dog. That's the unwritten rule of having a dog in the country.

I leave Tug unleashed for a reason. Not because I'm irresponsible or beacause don't care.

Ride Safe

Supershooter
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