Dog versus cyclist :(

[arielmoon]

BF and I were out for a short ride on Saturday and I was cruising along a bit ahead of him when out of nowhere a dog ran out and hit my front tire. I believe he meant to chase me as he did 3 weeks ago while I was riding with a friend past the same farm. Long story short I had no time to react other than to reach for my brakes before he wiped me out. I fractured my pelvis in 2 places and also my sacrum. OWIE! Doc says no surgery because they are stable but 6-8 weeks recovery. :(

The dog was fine and the owner started out pretty rude. She asked why I would come down a road when I knew there was a dog that chased bike riders. BF was really ticked off. He rides the same road almost every day and had never seen it before.

I am very fortunate that BF is living with me now and is currently unemployed cause he is having to do everything for me. This could become a problem though if I miss too much work.

Oh and Dara (Trek Madone 5.1) survived with minor scratches to the brake hood and a large scuff mark to my new Selle San Marco saddle :( I have some road rash on my left side and the worst is my elbow. Somehow my Sheebeast shorts show no signs of anything even though I was scraped up under neath them.

[indigoiis]

Oh that TOTALLY SUCKS. I am sorry to hear!
What are the rules about loose dogs in Florida? How crazy was that response?

[sgtiger]

Ew, ow, ow! That sucks. Take it easy, 'kay? I hope you recover quickly.

[Aggie_Ama]

The owner sounds like a real pain, how unsafe to let your dog run out! The dog could be just as hurt, did she think of that? Sending healing vibes your way.

[wackyjacky1]

How awful! That sounds so painful.

Is there any way to hold the dog owner accountable? Let your insurance company go after her for your medical expenses?

[fidlfreek]

Have you considered getting a lawyer? Any dog leash or fencing laws in the area?

[sundial]

Oh my, what a terrible accident! I'm so glad you weren't hurt worse. I hope you heal quickly and will be back in the saddle soon.

As for the negligent dog owner--he's on borrowed time before something much worse happens to either him or the dog. :(

[arielmoon]

The owner was having no part of taking responsibility for the incident but I have her phone number and I know who she is. I also have another witness to say that the dog has done it before. I am going to see what my insurance covers and if I loose time at work I may have to take action to cover my expenses. I am not a sue happy person but she is liable and I can not afford to get in debt (any more than I already am) over this.

It was totally random and dogs will be dogs but she could at least close her gate to prevent such a thing. She carried on about how confining the dog would be cruel and at one point told my BF maybe she would have him put down. He immediately told her I would be really mad if she did that.

[Norse]

What an irresponsible dog owner. I don't know of any state that allows owners to let their dogs run loose. You shouldn't let her get away with this. The next time the dog, or the biker, may be killed. I wish you a speedy recovery, but do get an attorney and sue the clod.

[Norse]

I am not a sue happy person but she is liable and I can not afford to get in debt (any more than I already am) over this.

She carried on about how confining the dog would be cruel and at one point told my BF maybe she would have him put down. He immediately told her I would be really mad if she did that.

On the first point, you should be able to find a lawyer who will take this on a contingency basis. At the very least, you should recover your medical expenses plus an amount for pain and suffering, and certainly lost wages if you have to be out of work.

On the second, she thinks her options are to let the dog run wild or kill it? I just wonder what happened to her little gray cells upstairs.

[sgtiger]

On the second, she thinks her options are to let the dog run wild or kill it? I just wonder what happened to her little gray cells upstairs.

I don't get logic like that either. :mad:

[Biciclista]

I hope you get a lawyer for several reasons, the least of which is to teach that woman about responsibility.
Since you had a serious accident because of that dog, can't you talk to law enforcement (sheriff, police, dog catcher) and report the dog/ dog owner?

Get well quick!

[Zen]

wow. I am so sorry to hear this. If I were in that position I would be seething.

That dog and owner must be reported to animal control.

[MomOnBike]

Good luck with the healing process. Be good to yourself - and as nice to BF as you can.

I can hear DH if he were confronted with the "I may as well put the dog down if I have to lock him up" line. He'd offer to help with either one, preferably the former. He's thoughtful that way :D and does believe in calling bluffs.

And I agree, see a lawyer, it might help with insurance sometime down the road.

[Tuckervill]

Sheesh, here you are with broken bones and she wants to explain it away because she doesn't want to be CRUEL?

I'm so sorry. I hope you go after her.

Karen

[ny biker]

Actually, your health insurance company will probably go after her. It's pretty standard for them to make you fill out a form with all the details if you say your injuries are due to an accident, so they can determine what other parties are involved and if they should go after the other parties' insurance companies to pay for everything. It would be good to sit down with your BF now and take notes on all the details - what happened, when, where, etc. so you can provide the information when they ask for it.

Good luck.

[beccaB]

Last August I watched a dog get run over by a car while I was out for a ride. It was coming out to greet me, a friendly dog, but I didn't even see it until it was getting run over. Really run over. It survived. We have a leash law here in Michigan and I bet there is one in Florida too. It might be worth pursuing. A good lawyer maybe....

[lph]

geez, what a BIZARRE response! :eek: Good luck with healing up!

[Grog]

I'm so sorry, this is a terrible accident. (To say nothing of the owner's response. How absurd.)

Good luck and heal quick!

[BleeckerSt_Girl]

The owner was having no part of taking responsibility for the incident

How ludicrous!
I don't think that's her choice to make. It's a public road intended for public use by citizens in cars, on bikes, jogging, whatever... and her negligence and her loose dog caused a serious injury.
I'd get a lawyer and I'd be all over her. Insurance company needs to be in on this as well, and it really needs to be reported to the police.

[ladyicon]

Terrible outcome for you, hope you heal fast. This may sound crazy.....but check your auto insurance policy. Some will cover, some will not. Get well soon and do not give up.

[ny biker]

I don't want to pile on, since I'm sure you really just want to relax and focus on recovering, but if the dog was injured the owner might come after you. So that's another reason to consult with a lawyer. Better to be prepared, just in case.

[spokewench]

You should file a report with the police immediately about the accident and the dog's involvement. You should make sure they have the name of the owner and the phone number. You have been injured due to the negligence of the dog owner.

Do not wait to do these things, like filing a report. it should be done immediately. I'm so sorry you were hurt like this. There is just no excuse for this and all due to an obviously ignorant and and probably a more apt description is stupid and negligent person.

spoke

[Aquila]

I'm sorry to hear you were hurt. Here's wishing you a speedy recovery!

[kacie tri-ing]

I am so sorry that happened to you. Take care of yourself and your sweet bf who is helping you!

[MM_QFC!]

Actually, your health insurance company will probably go after her. It's pretty standard for them to make you fill out a form with all the details if you say your injuries are due to an accident, so they can determine what other parties are involved and if they should go after the other parties' insurance companies to pay for everything. It would be good to sit down with your BF now and take notes on all the details - what happened, when, where, etc. so you can provide the information when they ask for it.

Good luck.

+1...also, (as a rider who was knocked off my bike by a car last year, I'm still in the midst of recovery, retained an attorney, etc), I'll relay my attorney's suggestion of getting pictures of everything you can, as soon as possible...pictures of the "scene"...approaching it, maybe with that gate open...be sure to have pictures taken of all of your injuries and damages to your bike...keep taking injury pics even as bruises go through technicolor stages, video of how your movements, work, daily activities are restricted or prevented by your injuries...it's a pain to add atop all of the other pains, but pictures do tell the story, and any journal, plus logs of mileage, costs, all help too...best wishes for a speedy recovery.
Mary

[redrhodie]

{{{{arielmoon}}}}

I'm so sorry this happened to you. I can't imagine the pain you must be in! Can you walk?

[AnnieBikes]

So sorry that this happened to you. A local rider was "hit" by a dog at Christmas time and sustained bad injuries...broken pelvis, collarbone, shoulder, wrist, and scapula. The big thing was as noted above....be sure to make a police report! The dog must be reported as a menace and the owner cited, depending on your local laws.

Best wishes for an uneventful recovery.

[bluebug32]

How scary! I wish you all the best. Hopefully there will be some kind of silver lining in all of this.

[OakLeaf]

((((((((Ariel))))))))

So sorry that happened to you. +1 to what everyone else has said, especially Mary. Sending healing thoughts. Your health insurance company will go after the dog owner for THEIR medical expenses only, so you need an attorney of your own if you have lost wages and your obvious pain and dis-ability.

I hate to even say it, but knowing you're vegan, you are going to need LOTS of protein during the healing process, so be very careful with your diet okay?

Hang in there.

[Karma007]

That you shouldn't ride down a road with loose dogs? That is THE stupidest thing I've heard yet...((hug))

[runningteach]

I am so sorry. It is good that you have your BF to take care of you. I am not sue happy but when I had a bike accident getting a lawyer was the best thing to do. There were so many problems with insurance and who was covering the costs that it was nice to have someone looking out for me.

Take care of yourself
Jeannie

[SlowButSteady]

Ouch! I'm so sorry that happened to you. I hope you're not in too much pain and that you will have a speedy recovery.

...and I hope the dog is fine, with no hidden injuries anywhere that show up later.

FWIW, I live in a state where there is no "leash law." Laws here are set by local government, and ours hasn't seen fit to put one on the books. So dogs are a reality here.

Even in areas without leash laws, I would expect the dog owner would be held liable for your crash. You certainly have as much a right to be riding on a public road as any motor vehicle does.

[crazycanuck]

:( Sorry to hear you're injured :( (((Arielmoon)))

That dog owner needs a labotomy & a few swift kicks in the arse! What a complete dumb arsed woman!

[Aggie_Ama]

Oh and even though the bike looks okay have DBF get it checked out since it is a carbon and they are notorious for hiding damage. Then when you are 100% so is your beautiful Madone and you can be sure of it.

[tzvia]

Good gosh! Please get well soon! Hope you are not in pain.:(

And please see a lawyer. She is responsible for her pet on a public street. And her attitude needs fixing IMO.

[emily_in_nc]

Ariel,

I am so sorry to hear about your accident!

I was in a dog-induced cycling accident nearly four years ago now and fractured my pelvis in three places. Had surgery to put in a 6" stainless plate and four pins. To recover the expenses that my health insurance didn't cover, I later filed a claim with the dog owners' homeowners insurance and was able to recover all of my out-of-pocket expenses. I did have to sign a waiver saying that I would make no future claims, so they basically paid me off (to the tune of right around $4K), but if I'd had future medical issues resulting from the accident, I would have had no additional claim.

I live in a county with a leash law; otherwise, I probably wouldn't have been able to go this route. The two dogs were loose in their yard and ran out to the road, causing me to touch my front wheel to my DH's rear wheel trying to escape.

I did consult with a lawyer in our bike club. He was not encouraging. He said that typically, at least here in the rural south, jurors would be just as likely to side with the dog owners as with a cyclist. He figured I'd have about a 50/50 chance of winning, and would spend around $2K even if I lost, so that is why I didn't go that route. He actually was the one who suggested I file a claim with their homeowner's insurance, but not until my treatment was complete. Of course I had to contact the dog owners to get their insurance information, but they did willingly provide it. They seemed genuinely remorseful, unlike your situation with the clueless woman.

So much of this is dependent upon your state and local laws, so do consult a lawyer! And I hope your healing is not too terrible. I was in ridiculous pain and on opiates for at least two months (gradually tapering down), out of work for 3 months, though I was able to work from home after six weeks, when my short-term disability would no longer pay 100% of my salary, so I lost no pay. If I had, I would have filed for that as part of my claim. You are definitely due lost wages in addition to medical and other out-of-pocket expenses! If my DH had not been retired, I would have probably had to have a homecare nurse, at least at first, as I was very helpless for awhile there. I couldn't get upstairs for the first month, had a hospital bed in my living room, a wheelchair, a walker, etc. Not a fun time at all, but I did get a lot of reading and napping done -- the one silver lining!

One thing you may end up with, down the line, is a leg-length discrepancy. I did, and I know Triskeliongirl here, who fractured her pelvis in a car/bike accident, did as well. This may affect your cycling, running, and even walking. I am about 95% now and can ride and even run, but I doubt I'll ever ride centuries again, as I did before the accident, as I do have some lingering SI joint pain, and you may too.

If you'd like to chat more, have any questions or just need some support from someone who has been there, feel free to PM me. I SOOOOO feel your pain! :mad: :mad: :( :( :mad: :mad:

[OakLeaf]

If you were in Marion County, there is a leash law (http://library6.municode.com:80/default-test/template.htm?view=browse&doc_action=setdoc&doc_keytype=tocid&doc_key=826eac52e7b91f02f67c06a33255a1d4&infobase=10237). Backtrack in municode.com if you want to look at ordinances for another county or municipality.

The dog chased you, it had done so before, and the owner admitted she knew the dog had a habit of chasing people. That rises to the level of recklessness in my book. All those things make it different from a situation where someone just hits an animal.

[mtbdarby]

Sorry to hear about the accident. Sending healing vibes your way - please keep us posted on your recovery.

[Jiffer]

What a horrible experience and I can't believe how that dog owner handled it.

A lawyer named Gary Brustin spoke at our club meeting recently. He is a cyclist and all he does now are cycling related cases. His website says he is a California bicycle accident attorney, but he handles cases in other states through associate counsel. He will discuss the details of the case and bike laws, explain procedures, and advise you of your rights.

Here's a link to his site if you are interested. http://bicyclelawyer.com/

I'm not a "sue happy" person either, but would at least look into my rights and the rights of the dog owner if I were you.

Hope you heal quickly and are back in the saddle soon!

[albe]

OWCH.. I've had the same problem although fortunately I only ended up with scraped knees and another cyclist falling on top of me... my incident to was from riding past a farm and the dog running out and again like you the owner was quite rude and didn't see the need for fences or anything to contain the dog.

I hope you have a super fast recover!

[fatbottomedgurl]

Getting an attorney is okay if you are willing to settle and give him 30%. A jury is going to be anti-bike and homeowner-dog friendly. I also suggest contacting your car insurance company. Not sure if it works with dogs but it does for hit and runs.

[IvonaDestroi]

Owwwwch...

Good luck!

Maybe just consult with a lawyer and see what they have to say about your chances. It seems illogical to me that anyone of sound mind would be ok with dogs running wild in the street, but different localities have different attitudes, esspecially in rural areas where space is so much more open. In my opinion, If you have a dog it's your responsibility to keep both your dog and the public safe no matter where you live.

I feel sorry for the pup too, imagine having somebody like that for an owner!

[uforgot]

Even if there are no leash laws, wouldn't the owner be liable as if they put any unsafe hazard in the street? Here, there are accidents with cows and such, and the owner is liable if the animal is in the street. Once I hit a brick that fell out of a truck ahead of me, and my airbags went off. The guy who dropped the brick was liable according to insurance. Like Lisa said, you are using the street as it was intended.

I hope you have a fast recovery!

[TrekTheKaty]

Ariel! Hugs! So sorry you are going to be out for 6-8 weeks. I'm sending you good vibes.

I'm not sue happy either, but the theory is--you shouldn't have to pay expenses related to an accident that wasn't you're fault. Don't feel guilty. I did. I was rear-ended in a car years ago. I had to call the police because it was a rental. My business associate advised going to the hospital immediately, in case I developed a back problem later. He also advised to report it to the insurance company, because many times they would instantly write a check, since it is such a common problem. My conscious wouldn't let me, and guess what? I now have back problems. Manageable with a $40 chiropractic visit monthly. You have some good advice here. Hopefully the insurance company and police department do well by you. So sad that people out for exercise in this obese nation are put below pet owners.

I love animals, but really........

[andtckrtoo]

I'm a dog owner and avid cyclist and all I can say is "I'm soo sorry about this!!!" I so wish that more dog owners were responsible and understood a dogs need for boundaries and guidance, and a cyclist's right to the road. I feel for the dog, but I feel so much for you. I hope you recover quickly and am sending many healing vibes your way.

[Selkie]

Ariel - So sorry to hear about your mishap, and hope you recover quickly. Be good to yourself.

I am a dog lover and "mother" to two lovely Goldens, but I have no patience for irresponsible dog owners.

Please keep us up to date on your progress and know that we are all thinking of you.

[sgtiger]

+1 to what andtckrtoo just said. Ultimately, it's really not the dog's fault. I can't believe she would even consider for a moment putting him down because she will not take responsibility to do the work in training him or keeping him contained. It's really sad that the throw-away mentality that some people have adopted extends to living beings, especially when those beings depend on us for so much.

[Fredwina]

What a horrible experience and I can't believe how that dog owner handled it.

A lawyer named Gary Brustin spoke at our club meeting recently. He is a cyclist and all he does now are cycling related cases. His website says he is a California bicycle accident attorney, but he handles cases in other states through associate counsel. He will discuss the details of the case and bike laws, explain procedures, and advise you of your rights.

Here's a link to his site if you are interested. http://bicyclelawyer.com/

I'm not a "sue happy" person either, but would at least look into my rights and the rights of the dog owner if I were you.

Hope you heal quickly and are back in the saddle soon!

He's actually handled a similar case. the dog ran out , cylclist crashed, but the owner demanded the cyclists identify the dog via a police lineup :rolleyes: the Judge had other ideas:)
Your insurance will be looking to get their money back, but you may have to pay them from the settlement (which I've been advised will happen when(iF) I ever settle(I have Anthem BC))

[Fredwina]

+1...also, (as a rider who was knocked off my bike by a car last year, I'm still in the midst of recovery, retained an attorney, etc), I'll relay my attorney's suggestion of getting pictures of everything you can, as soon as possible...pictures of the "scene"...approaching it, maybe with that gate open...be sure to have pictures taken of all of your injuries and damages to your bike...keep taking injury pics even as bruises go through technicolor stages, video of how your movements, work, daily activities are restricted or prevented by your injuries...it's a pain to add atop all of the other pains, but pictures do tell the story, and any journal, plus logs of mileage, costs, all help too...best wishes for a speedy recovery.
Mary
++1 {being a geek }
document everything, and try and aviod fixing/ throwing away stuff. I was actually not to wash the clothing I was wearing

[txred9876]

First off.... I am sorry this happend and I sure hope you start to feel better soon.

I just had a horrible day getting chased by dogs and falling off my bike but my injuries are a scratch compared to yours!

I am a dog owner as well and if someone hit my St Bernard they would be in a world of hurt. He is very good about staying around the house, but he really likes it IN THE HOUSE>>> IN MY BED!!

tina

[Aint Doody]

I, too, am of the get a lawyer contingency. I had a similar accident because of a dog and spent 2 days in ICU with 7 places that bled in my brain. I shudder to think how I'd be without having had on a helmet. No lasting effects--just had to stay home for a week and only watch television. Then 6 weeks with nothing to increase my heart rate.

The dog owner placed all the blame on me because, "my dog wouldn't have hurt you." I mainly wanted an apology--got none. I wish I'd have made him more responsible for his dog--who stills comes to the edge of their property and barks his head off at cyclists. He at least now is behind an electric fence. My only recourse after the fact was to report it to the sheriff's office for there to be a record in case another accident happened. BE SMARTER THAN I WAS.

[jesvetmed]

Good healing wishes to you, Ariel. Sounds like you have some great advice from everyone here.

Reading this makes me a bit more leery of dogs in a whole new way, while I'm out riding. (I love them and understand them in almost all other circumstances!).

Take good care of yourself.

[Skierchickie]

Wow! How awful! Heal fast, Ariel.:(

Some people really shouldn't be allowed to have pets - I think you just met one of them. The thing that really gets me is that you mentioned she actually has a GATE and doesn't use it! How simple - it never should have happened. Even if she doesn't give a cr@p about bikers (even ones with broken bones due to her irresponsible behavior), apparently she believes it's kinder for the dog to be allowed to run around in the road and get run over by a car :mad:. I love my doggie - the invisible fence is the best thing we ever bought.

How could that woman possibly try to blame you??! Grrr.

I do have to admit, I grew up on a farm, and our dogs were never confined when I was a kid, except at night. That was a long, long time ago. We all know better now. I also must divulge that our German Shepherd bit a biker. And so did our other dog. The same guy. A guy my Mom worked with when she used to teach, before I was born. This was all before I was born. Apparently, dog #1 was confined for two weeks afterward, and then the police came to the door the first day she was let out - only it was the other dog that time, and then HE had to be kept indoors for two weeks. There - we all have our shameful secrets.

[tctrek]

Oh no, how awful for you! I hope you heal fast and don't have much pain. I must say this is my biggest fear on the bike, even more than cars I am afraid of dogs.

I really hope this works out and some of this great advise helps you to recover financially as well as physically.

[TxDoc]

BF and I were out for a short ride on Saturday and I was cruising along a bit ahead of him when out of nowhere a dog ran out and hit my front tire. I believe he meant to chase me as he did 3 weeks ago while I was riding with a friend past the same farm. Long story short I had no time to react other than to reach for my brakes before he wiped me out. I fractured my pelvis in 2 places and also my sacrum. OWIE! Doc says no surgery because they are stable but 6-8 weeks recovery. :(

The dog was fine and the owner started out pretty rude. She asked why I would come down a road when I knew there was a dog that chased bike riders.

This is horrible, I am so sorry to hear about your accident.
First thing to do - file a Police report right away. It is not only to make sure that they obligate the owner to lock up that dog - but also to protect yourself in case the owner goes out with false claims that you injured her dog in a bike accident.
And then find a good attorney that has experience in bicycle accidents and can assist you. The dog's owner should cover all your medical expenses, time away from work, etc.
Talk to your insureance company too, they may have good advice on how to handle the case.
Good luck and I hope you recover fast!

[Biciclista]

gee, I hope she comes back soon to read all this!

[meakulpa]

This is horrible! It breaks my heart that you had to go through this, but even worse that the owner wasn't more concerned about YOU! I'm doing some research on who is responsible when a dog hurts a biker and found this article helpful: Dog versus bike accident (http://www.bikeaccidentadvice.com/accident-scenarios/dog-v-bike/)

Good info but basically it says that the dog owner is responsible!