If a speeding driver talking on his cell phone struck and killed my dog, am I liable for damages to his car?
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If a speeding driver talking on his cell phone struck and killed my dog, am I liable for damages to his car?
My family recently moved to a new house and the 2nd evening of living in our new house, our beloved dog was let out of the yard by a visiting child and she ran out onto the street where she was struck by a speeding car. The police were unable to determine the car’s speed but all the witnesses stated that the driver was speeding and talking on his cell phone while driving without a hand held device. Also, the police officer noted that my dog was struck on the lower right bumper of the mustang but rolled underneath the car. He did not write of any damages to the car in the police report. My dog died
Asked on March 24, 2012 under Accident Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The answer is you could be. Even if the driver was at fault, if you--or your guests--were at fault, too, in letting the dog loose, then it is possible that you might be partially responsible. California is a "comparative liabilty" state--that means you compare the two parties' respective degree of fault. To oversimplify for the sake of illustration: if it is determined the driver was 70% at fault for taliing on the cell phone, but your family was 30% at fault for your dog getting out. If the damage to his car was $1,000, you could potentially be liable for $300.
You could also sue him for the death of your dog; you could look to recover any final vet bills, cremation costs, and the cost of the dog. Say that came out to $500. If he is 70% at fault, he could be liable for $350--which, if netted out with the above, would put you $50 ahead.
The specific facts are critical to a case, so there is no way to be certain, from what you write, what the outcome would be, but the above illustrates the general principals at work.
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