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[fresh oil and pipes]

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.

[grc]

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

[FLYNDYNA]

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 

[miker]

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

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

[SBB]

Cobb

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

SBB

[GregKhougaz]

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. 

[Chains]

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.

[Keats]

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?

[MAT]

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.

[fresh oil and pipes]

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

[MAT]

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!

[fresh oil and pipes]

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.

[Keats]

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

[MAT]

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    

[Supershooter]

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

[MAT]

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

Sure hope your dog doesn't cost a fellow biker's life ! 

[Supershooter]

MAT:
The odds of my dog getting hit by motorcycle is probably less than me hitting someone else's dog on my bike. There are dangers associated with motorcycling, animals are one of those dangers(pet or not). So we need to do what we can as riders to be ready for whatever confronts us on the road. Why is it when something bad happens the lawyers come running or is it we go running for them. If we continue on this road we will have everyting and everybody regulated to what they can do, when they can do it and for how long they can to it for ......
Supershooter

[fresh oil and pipes]

Supershooter makes some valid points Oklahoma is considered a free range state. Dogs are tools in a lot of places however in this case they live on 1/2 acre no livestock dog was just a pet and has a history of chasing the neighbors cattle in a malicious manner which is an executable offense here. Historically it is the same as hitting a cow, horse, goat, sheep etc but the court system here has 98% of the time found the animal owner liable for any and all damage. Supershooter I am sure no one here means to offend anyone each of us just having a discussion and trading points of view I am not a big go to court type of person but I did have a cow out once and a car hit it I volunteered to pay for the damage to the vehicle as well as the medical bills as I felt that if I had found and repaired the fence then it would not have been on the roadway the weather was clear and the road was straight and the operator of the car should have seen the cow in plenty of time but they did not. In my opinion this dog as a pet should have been in a fenced yard the trauma of small children seeing and hearing what happened to their pet was not pleasant for them. My thoughts are kinda like this if I let the tires on my car get slick and dangerous and I blow one out and hit your car should I be responsible not a lot of difference except one antimate and one is inantimate.

[Bubba]

Well Buddy have you got OLD Gumby put back together again?
   

Just glad that you are OK!!!!!     

[fresh oil and pipes]

Thanks bubba and yes almost back together and I am also glad I have no road rash

[DDavidson]

Most states have aggressive dog laws that cover the state. There would most likely be a difference between hitting a dog that is attacking (aggressive dog chasing a vehicle aggressively) and hitting a docile dog in the middle of the road eating road kill to throw up later on the carpet.

After being in litigation from being rear ended, I'd just let my insurance company handle it as it not being my fault. Although if the dog was chasing you I might attempt to get my deductible paid if it is high. I would contact the home owners insurance personally. Tell them an accident report was filed with authorities. They will most likely have an attorney contact you wanting to make a quick settlement before you contact an attorney. If they argue it tell them you will seek an accident attorney for advice. (Don't expect to scare them with threats.)

Hitting some kids pet is pretty traumatic to everybody. I hated the person whose tire my dog ran under. Feel bad for the pet but feel right about protecting yourself over the pet. Be glad you're okay.

A friend of mine in Arkansas hit a cow on the highway. The rancher demanded that he pay for the cow. The cow landed on his hood and went through his windshield. The rancher was held liable. Attorneys usually figure out who is at fault and can advise you to the laws better than ranchers and dog owners and even forum members. 

I was on jury duty for an accident and the defense brought up each law suit the plaintiff had filed previously. Made her sound like she was somebody who was lawsuit happy. She got awarded for accident costs but nothing for pain and suffering. She was very unhappy. Made me think that suing was worth saving for a necessary cause.

Good Luck!

Don   

[murphy]

If a property owner has a dog that they use as a free range tool that's great as long as it is restricted to their property.

If I want to go target shooting in my own back yard and my state or provincial laws allow for it that's fine too, but as soon as that bullet leaves my property line I am responsible for it... same as the dog.

There is no comparison between a dog and a deer, unless the deer is owned and domesticated.

The fact that the owner inquired if they were going to have their dog replaced just exemplifies that some folks have little to no common sense.... and some are just plain stupid.

Forget the fact that it is costing you money, time, effort, or that it could have cost you your life, consider that when you go after them civilly or via their insurance, they may think twice next time about allowing an animal to do whatever it likes.

You may be saving another rider, or more importantly, a child's life one day.

There are always two sides to every story, but if we take it for as it's posted, this was not an "act of God", it was caused by was the inaction of an irresponsible member of society.

Some people shouldn't be pet owners or parents either for that matter.

[fresh oil and pipes]

The only reason I used the "Act of God" is that is how the LEO that came out described it as being the way they look at it he did fill out an incident report but they will not work and accident report. In the event I pursue this thru my insurance company then my premium goes up since I have a claim that in reality was no fault of mine. Anyway not making excuses for anyone or anything we all should ride safe and be wary I did see the dog I did react and attempt to avoid contact but did not so maybe that means my riding skill is not what it should be (or what I thought it was). Everyone has some great points but I think the one point we all agree on whenever this happens to anyone is always better if the bike rider and or BSR walks away unhurt.

[DDavidson]

Talk to your insurance agent about your claim. They should be able to advise you on what the insurance company is going to do. Why do we have insurance if we can't use it?

As for avoiding the dog; on TV there's always a flat bed car hauler with the bed down for loading that you are supposed to use as an Evil Knievel ramp to jump 100 ft away from the dog. If there was a ramp and you didn't use it please refer back to your states driving manual for more instruction. See the part about pushing down on the right handle bar while downshifting and applying full throttle to accelerate. Sort of like Dukes of Hazzard except with a bagger instead of a Charger. Most rookies have a problem because they forget to look and calculate where they are going to land after hitting the ramp. Understandable since there is only 1/4 second to make a decision.

A woman that worked at same company as me swerved to miss a bear and slid her bike under an oncoming car. Never heard anybody say "Well, at least the bear is okay!" I think everybody was wishing she was alive instead.

I think you did it right and are just second guessing after playing it back in your mind. If you begin to ride with the thought that a dog will run out at every blind spot you're going to be careless about other risks. Shake it off and go on. (I have two Jack Russells, it wasn't a Jack Russell was it?)

[murphy]

I didn't intend the "act.." comment as a slam against you Cobb... hope you didn't interpret it that way.

One thing though in relation to your investigator, I would follow up for a second oppinion... my experience is that in many cases when a unique scenario presents itself, the infomation relayed on his or her authorities and your options are not always accurate.

Just my 2 cents.

[fresh oil and pipes]

No offense taken or intended to be given to anyone just sharing my experience getting others input helps me evolve into a better person alll have had valid points do not intend to upset or make anyone angry we can all agree and disagree and still be riding buds. I appreciate ALL the comments and have not been offended by any one of them. No it was not a jack russell it was one of those glass eyed dogs one blue one gold and was black and grey and about 1/4 second before contact it was as big as an elephant. You guys are great thanks for listening to me rant and rave and work thru in reality will prob just fix the bike pay for the parts do my own labor I do anyway and let it go at that not really a battle I have time to fight right now unless they push me paying for the ELEPHANT dog then out of self defense only. My insurance agent is already not very happy with me I had a structure fire that was a total loss that they had to pay the limits on recently so it is good insurance but just not worth the time plus the rate increase he has already told me I would get. My ego is brusied because I was not a good enough rider to avoid the collision and no I did not see the ramp or might have tried that.

[JoMo]

All I can say is you are a good man Cobb, a stand up guy. A better man then me, I would be calling the best Lawyer I could
and as far as those people are concerned I would be looking to take them for what ever I could bunch of dumba$$
mother fugers. I'm glad that your OK and Gumby will be as well.
If they really cared about there dog they would not have been so irresponsible as to let it run into the street!!!!!!!!!!!
They wouldnt let there kids do it why would they let there pet do it, My pets are like family.
Just my 2 cents.

                               Jo Mo NYC 

[09S/E roadglide]

that sucks dude. glad you are ok.

[Ultra2010]

Sharpshooter is not wrong, it's all about a way of life in some areas.  I too had a working dog on a farm, she lived 15 years and died of old age, never once did she have a leash put on her.  In the city it's different, but for some of us (this was years ~~ and a life time ago for me) that is (was) normal.  I've seen a lot of bad chit out in the country, but never once did I ever hear anyone talking lawsuit.....  just the way it was back then and out there.

Not meaning to offend anyone.......

[kraut]

Hmmm, we wouldn't need leash laws - or drivers licenses nor most other regulations - if everybody just acted reasonable and responsible 

If I get myself a dog of course I'm responsible for him. Especially for not causing any harm to others.

So I have to train him properly or keep him away from public. If properly trained he will not run into traffic nor attack people without good reason.

It's just neglect if I act otherwise. I can't really complain if I'm kept liable in case this neglect leads to tort 

And please don't anybody take offense - but "hillbilly privilege" is just no argument at all

I lived in the mountains the biggest part of my youth myself but our dogs were certainly better trained and taken care of as most of those poor creatures in the cities - because if they trespassed or attacked without valid reason they simply got themselves shot - and we of course payed for each and every damage they caused to the very last cent without any discussion

And I did so quite frequently because my hounds tended to take a distinct dislike in unleashed German Shepherds in open country - a bad habit I secretly share and still regard as "valid reason"

[MAT]

And please don't anybody take offense - but "hillbilly privilege" is just no argument at all

I totally agree !

[DesertHOG]

Cobb, so sorry to read about your accident and happy that you survived relatively unhurt.

All my best,
DesertHOG