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Dog's owner "35% responsible" for car hitting dog, must pay $265K

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  • #46
    Originally posted by snoopy369
    SpencerH, the driver was cited as negligent for "failing to keep a proper lookout" according to the OP (ie, not paying attention to the road), while the dog owner was negligent for not leashing his dog.
    According to children. The only thing we know for sure is that the dog was not in it's yard and was surely the cause of the accident.
    I drank beer. I like beer. I still like beer. ... Do you like beer Senator?
    - Justice Brett Kavanaugh

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    • #47
      Originally posted by Kidicious


      QFT.
      Again, reading the article - it was not agreed that the dog darted out. Two witnesses stated that the dog was sitting at the side of the road, two said it darted out.

      Regardless, there is probably some fault of the driver in causing the accident to be as serious as it was. As was stated earlier in the thread ... "Just hit the damn dog". If I see a squirrel in the middle of the road and swerve into traffic, hitting several other cars, it's my **** fault and not the squirrel's.
      <Reverend> IRC is just multiplayer notepad.
      I like your SNOOPY POSTER! - While you Wait quote.

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      • #48
        Originally posted by Kidicious


        According to children. The only thing we know for sure is that the dog was not in it's yard and was surely the cause of the accident.
        According to the court (jury), which actually heard the testimony and (presumably) made an informed decision - or certainly more informed than yours, anyway.
        <Reverend> IRC is just multiplayer notepad.
        I like your SNOOPY POSTER! - While you Wait quote.

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        • #49
          Originally posted by snoopy369
          Again, reading the article - it was not agreed that the dog darted out. Two witnesses stated that the dog was sitting at the side of the road, two said it darted out.
          Do you think the driver was halucinating?
          Regardless, there is probably some fault of the driver in causing the accident to be as serious as it was. As was stated earlier in the thread ... "Just hit the damn dog". If I see a squirrel in the middle of the road and swerve into traffic, hitting several other cars, it's my **** fault and not the squirrel's.
          It's not that simple. A dog darting out into the road causes a reaction most of the time.
          I drank beer. I like beer. I still like beer. ... Do you like beer Senator?
          - Justice Brett Kavanaugh

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          • #50
            Originally posted by SpencerH


            How is the driver negligent? ...
            From the article:

            ... negligent for failing to keep a proper lookout, not properly controlling her vehicle and failing to apply the brakes "in time or at all."
            Last edited by Zkribbler; June 25, 2008, 22:17.

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            • #51
              Z,

              Do you actually anticipate animals darting into traffic while you are driving?
              I drank beer. I like beer. I still like beer. ... Do you like beer Senator?
              - Justice Brett Kavanaugh

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              • #52
                I do, when I see them near the road. Same rule applies for children, cyclists, and any parked car (they swing the doors open without looking a lot).

                Also, I anticipate anyone in a Civic can't drive.

                A good driver is a paranoid driver.
                "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
                Ben Kenobi: "That means I'm doing something right. "

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                • #53
                  With a penis.

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                  • #54
                    Originally posted by Kidicious

                    Do you think the driver was halucinating?
                    I think she had a personal interest in stating what she did.

                    It's not that simple. A dog darting out into the road causes a reaction most of the time.
                    The reaction should be controlled, or you should not be driving. If an animal jumps in front of you, you should be able to safely avoid it, or simply collide with it. If you do this much damage, it sounds like you did something wrong...
                    <Reverend> IRC is just multiplayer notepad.
                    I like your SNOOPY POSTER! - While you Wait quote.

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                    • #55
                      Originally posted by Mr Snuggles
                      I do, when I see them near the road. Same rule applies for children, cyclists, and any parked car (they swing the doors open without looking a lot).

                      Also, I anticipate anyone in a Civic can't drive.

                      A good driver is a paranoid driver.
                      Good lord, I think i've agreed with Asher three or four times today.
                      <Reverend> IRC is just multiplayer notepad.
                      I like your SNOOPY POSTER! - While you Wait quote.

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                      • #56
                        Originally posted by snoopy369
                        I love how people with no legal knowledge whatsoever are jumping to conclusions as fast as possible... This is why juries are so fun...
                        Hey...I thought that was what Poly was for.

                        I jst love dogs and hate driver's that don't pay attention.

                        Just one question though. It is a parents responsibility to keep their children under control. If it was a kid who "darted" in front of the vehicle and she had killed the kid, then would the parent still be liable?
                        "I am sick and tired of people who say that if you debate and you disagree with this administration somehow you're not patriotic. We should stand up and say we are Americans and we have a right to debate and disagree with any administration." - Hillary Clinton, 2003

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                        • #57
                          Originally posted by Mr Snuggles
                          ... Also, I anticipate anyone in a BMW can't drive. ...
                          Fixed.

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                          • #58
                            Originally posted by SpencerH
                            If a dog darts out at a car there is no way the driver should be in any way responsible for the accident.
                            QFT

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                            • #59
                              Originally posted by Kidicious
                              Do you actually anticipate animals darting into traffic while you are driving?
                              On the interstate, no. On a country road, yes. Just as I would in a neighborhood street, with kids running around.

                              It is the driver's responsibility not to panic when something unexpected happens. That's what this really comes down to.
                              John Brown did nothing wrong.

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                              • #60
                                Originally posted by snoopy369
                                The reaction should be controlled, or you should not be driving. If an animal jumps in front of you, you should be able to safely avoid it, or simply collide with it. If you do this much damage, it sounds like you did something wrong...


                                If you totally destroy a city block (for example) if a dog darts out in front of you, you are doing it wrong.
                                “I give you a new commandment, that you love one another. Just as I have loved you, you also should love one another. By this everyone will know that you are my disciples, if you have love for one another.”
                                - John 13:34-35 (NRSV)

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