Bicycle wreck...dog...what would you do?

So I was in a bicycle wreck caused by a dog running out into the street. I was riding with three other people single file dog ran out I went down. Lots of road rash lots of bruises, dented helmet and broken spokes on my front wheel not mention lots of scrapes on my new shoes, pedals and gear shifters. Anyway at the scene the wife said we'll pay for any damage I said well see what happens. I went back to the house the next day to get information since now I needed a new helmet and a new wheel. Anyway, a month later I now have the price of the wheel and helmet a total of $204.87 the guy calls me and says no way I will only pay half and my dog didn't run out into the road. He wasn't even there and I had three other people riding with me not to mention his dog hovering over me after I fell. So what should I do? Report it to the police and try to get home owner's insurance information?

Help...TIA!!:confused:

yes, i'd take it to the police, also talk to your insurance people because they will go after those folks for you once they know what happened. You might need a lawyer. then you'll get a lot more $$$. Since you have witnesses etc. good luck

The police probably won't care.

A lawyer probably will find the case too small to take.

You could sue them in small claims court. You might want to send them a letter first, saying the amount of money that you want and if they don't pay that amount you will sue them, not only for the helmet and wheel, but for the shoes, pedals and gear shifters.

It may be hard reporting it a month later, if you'd called animal control or the police to report it immediately, there would have been a record.

The guy is willing to pay half of it, which means he knows that they have some responsibility. Did you ask him why he's willing to pay half if he thinks his dog is not involved? I think you should try talking to the wife again, she was there and obviously upset about it - she's likely to just give you the money.

Do you have pics from that day? I'm sure you were injured. A small claims court suit would probably be for a lot more than the $200 you're asking for, you can ask for the cost of damages to the bike/your shoes/clothing, and a bit for your physical injuries. It may be that threatening to escalate it to a small claim's court suit would be enough to get them to back off and just give you the $200.

You could try calling animal control and see what they say.

I might be the only opposite opinion here but........ Being a dog owner I don't think it would even occur to me to hold the owners of the dog responsible. If the dog ran out and got hit by a car should the owner of the car hold the owners of the dog responsible? Or would the owners of the dog hold the car owner responsible for going too fast to be able to stop in time? If it was a kid who ran out then who would be responsible? Being a bicyclist I feel I have to take some risk and at the same time, responsibility, to keep an eye out for such dangers. I'm constantly scanning to make sure no car doors are opening, kids are running, etc. that might put me or someone else at risk. If it were a deer running out in front of me I wouldn't ask for the deer to compensate me, same thing for a rabbit, raccoon etc. My first thought when you said the woman offered to pay was one of surprise that she was being so nice. Now, if the dog ran out to attack you then I could see how the owners did not have control of a dangerous dog.
Anyway - like I said - I'm probably of the minority here and maybe there is something I'm seeing in the story that would put the entire blame on the dog.

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Originally Posted by Savra

I might be the only opposite opinion here but........ Being a dog owner I don't think it would even occur to me to hold the owners of the dog responsible. If the dog ran out and got hit by a car should the owner of the car hold the owners of the dog responsible? Or would the owners of the dog hold the car owner responsible for going too fast to be able to stop in time? If it was a kid who ran out then who would be responsible? Being a bicyclist I feel I have to take some risk and at the same time, responsibility, to keep an eye out for such dangers. I'm constantly scanning to make sure no car doors are opening, kids are running, etc. that might put me or someone else at risk. If it were a deer running out in front of me I wouldn't ask for the deer to compensate me, same thing for a rabbit, raccoon etc. My first thought when you said the woman offered to pay was one of surprise that she was being so nice. Now, if the dog ran out to attack you then I could see how the owners did not have control of a dangerous dog.
Anyway - like I said - I'm probably of the minority here and maybe there is something I'm seeing in the story that would put the entire blame on the dog.

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I totally disagree. The blame is not on the dog; it's on the dog owner. Dogs should be restrained AT ALL TIMES--either by a fence or leash. If an owner fails to restrain a dog then, yes, they should be liable for any damages that the dog causes. Yes, we take risks as cyclists, but that doesn't mean others shouldn't be held responsible for any injury we sustain. What if you're hit by a car that was driving negligently? By your logic, the motorist shouldn't be held responsible because you assumed some risk. Surely you don't agree with that.

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Originally Posted by indysteel

I totally disagree. The blame is not on the dog; it's on the dog owner. Dogs should be restrained AT ALL TIMES--either by a fence or leash. If an owner fails to restrain a dog then, yes, they should be liable for any damages that the dog causes. Yes, we take risks as cyclists, but that doesn't mean others shouldn't be held responsible for any injury we sustain. What if you're hit by a car that was driving negligently? By your logic, the motorist shouldn't be held responsible because you assumed some risk. Surely you don't agree with that.

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I agree with Indy here, dogs should be restrained and it is the dog owners responsibility to see that happens - for the protection of the community but also for the protection of their pet! While this situation is different than what happened to me in that she wasn't used as a chew toy like I was, but the damage to her and her bike are a consequence of the lack of control of the animal by the owner.

Yes, we always have to be aware of risks, that includes things we might encounter on the road. If this is wildlife, then yes, the rider is taking sole responsibility. In many cities and townships there are very straight forward laws in regard to pets and the owners liability. Liability is a slippery slope that I'm sure we could debate in depth and we'd all have very different opinions come about.

Actually I just read a story about a group of riders were on a night ride, all wearing hi-vis and lights, but a driver ran into the group resulting in fatal injuries. The defense was the riders, all 100 of them, should not have been on the road at night and the driver wasn't responsible for the accident as it was the riders who were in the wrong place at the wrong time. Are the riders at fault because they opted to ride at night with reduced visibility and accepted that risk, even with lights and such, are they 'at fault' and free the driver responsibility?

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Originally Posted by indysteel

I totally disagree. The blame is not on the dog; it's on the dog owner. Dogs should be restrained AT ALL TIMES--either by a fence or leash. If an owner fails to restrain a dog then, yes, they should be liable for any damages that the dog causes. Yes, we take risks as cyclists, but that doesn't mean others shouldn't be held responsible for any injury we sustain. What if you're hit by a car that was driving negligently? By your logic, the motorist shouldn't be held responsible because you assumed some risk. Surely you don't agree with that.

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I agree with Indy. Dogs should be restrained 100% of the time. Also if a dog is outside and NOT in a contained area the dog has no business being off leash. The only possible exception is a dog that has 100% voice command recall 100% of the time, which is possible, but not likely.

There are laws in a lot of places that require dogs to be on a leash or under control by some means -- a dog that makes a cyclist crash isn't under control.

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Originally Posted by Savra

I might be the only opposite opinion here but........ Being a dog owner I don't think it would even occur to me to hold the owners of the dog responsible.

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Listen to the wise women of TE. You've gotten good advice here.

A lawyer might surprise you, goldfinch. Many communities have "bicycle lawyers" who are quite often happy to help with this sort of thing for a reasonable fee.

Savra- I completely disagree with you. And yes, a car driver could file a claim against the owners under the same circumstances. Most jurisdictions have leash laws. The owners are responsible for complying with those laws. Period.

You are definitely in the minority here Savra..... +1 to all who have said dogs need to be under control/contained at all times. The person should give you the $200 and consider themselves lucky that you aren't asking for more. I'd second talking again to the wife who was there on the day of the accident. She saw the damage done to you and is much more likely to feel the kind of guilt will make her pay up without a fight.

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Originally Posted by Blueberry

A lawyer might surprise you, goldfinch. Many communities have "bicycle lawyers" who are quite often happy to help with this sort of thing for a reasonable fee.

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She has a claim of likely less than $500. What fee would be reasonable? A contingency agreement would be unlikely. An hourly rate would eat up any recovery mighty fast.

This is why there is small claims court.

Keep in mind, even if she wins she still has to collect. That can be the hard part. That is why I suggested a letter first.

take it from someone who handles insurance litigation for a living... unless you are seriously injuried and have incurred medical bills, I would not even think of going to an attorney. I can't imagine any personal injury attorney will take the case pro bono but I guess doesn't hurt to ask. Get some referrals, make some phone calls and see if anyone is interested. I suspect all will decline since there is no money for the attorney to make. Remember this is how attorneys make a living by either charging an hourly rate or getting 1/3 of your settlement... they have to pay bills too.

Frankly I would do this... I would write a letter carefully detailing your damages and attach receipts if you have purchased replacements. I would also state you have 3 eye witnesses that the dog ran into the street (which is clearly negligence on the dog owners) and that if you will file in Small Claims Court if payment is not made. Also indicate that you will most likely seek other damages such as lost time, inconvenience etc. (whether or not these are collectable is not an issue - for now make the point the claim could be more than you are currently asking) if you have to file. Also ask that the matter be tendered to the property owners HO insurance carrier since there is coverage for just these types of cases. Ask for a copy of the policy or the owners insurance agent's information and if they don't, submit the claim yourself.

If they are non-responsive, use small claims court. File your claim and have the summons served. At that point the owners will know you are serious and will most likely pony up what is owned.

You don't need to pay 1/3 - 1/2 to an attorney - you can easily do this yourself. Why pay a $50 referral fee just to collect $200***. Makes no sense. Most courthouses have people who will help you file the small claim notice. Some courthouses also have clerks who can help you write a letter to the property owner. If you need any additional help, PM me.

***to add: The owners do not owe you replacement cost for your helmet and bike repair. Under the law they owe you "actual cash value" or the costs of the helmet etc less normal wear and tear. If your replacement cost is $204, assess a reasonable depreciation, say 20%, and ask for that amount. The owner might be more intersted in paying if you are willing to negotiate.

Final note: I glad you were not hurt. Helmets and bikes are just things - easily replacable - sometime body parts are not!

I have a feeling you'd end up paying more in lawyer/court fees and it wouldn't be worth the $200...

Is there a leash law where you were riding? Filing a police report at the time of the accident would have been a really good thing to do, and I am not sure how much luck you'll have now "proving" what happened, but it may still be possible.

I have posted here so many times about my accident in 2005 that I am sure the regulars are sick of it (they can skip the rest of this! :D), but here's a quick recap for you and other newer forum members: Two dogs ran out at me on the road when I was riding at speed along a rural road. There is a leash law in this area. I sped up to get away (purely on instinct as they came out from behind some trees very suddenly, startling me) and clipped my DH's rearl wheel. I went down hard on my hip, fracturing my pelvis in three places. The most serious fracture reached from my ilium to my sacrum and required orthopedic surgery to install a metal plate and pins. A highway patrol officer was called to the scene when my DH called 911, and I gave my report while lying on the road, waiting for the ambulance. The dog owners came out and indicated they would help out with expenses. Fortunately I had good medical insurance, but after I "recovered" enough and was back at work, I filed a claim with their homeowner's insurance for the uncovered portion (approx. 10% of the total cost, with insurance picking up 90%). I didn't lose any pay from work as I was on short-term disability. The insurance company paid me the amount I asked for (slightly over $4K), but I had to sign a waiver saying I absolved them of all future charges.

And there were some. I had to go back to PT and doctors a few times with pain even years after the accident. Even just this year I went to a pain doctor and ended up with a TENS unit that helps me ride with much less pain.

Before filing with the homeowner's insurance, I did consult a lawyer in our bike club about the possibility of suing for expenses and pain and suffering, but he wasn't too encouraging. He said I'd have a 50/50 chance at best to collect more than what the home owner's insurance would pay (i.e., pain and suffering, etc.) due to the attitude towards cyclists among rural dog owners, many of whom would probably end up on the jury, if it were to go to court. Unfortunate, but true. In the rural south, many people think that letting their dogs run free is a right, leash law or not, sadly. This may not be the case in some other parts of the country.

I am very sorry this happened to you, and you do deserve some form of compensation. However, for $200, I wouldn't spend too much to recoup my costs. Fighting this kind of thing has an emotional cost, not to mention the time involved, so you have to weigh that too.

You were very lucky not to be seriously injured! I would give anything to have walked away from my accident with just a few mechanical dents instead of a physical injury that changed my life, to some extent, forever.

bcipam gave you some excellent advice. I'd follow it. Good luck!

Thank you all so much for your replies. I did call and report it to the Sheriff's office so at least there is a record. I think I may just cut my losses and be thankful I wasn't seriously hurt. The guy was really agitated and I just don't have the time or patience to deal with him, and yes there is a leash law in my area which was obviously not followed.

I think you should still write the letter. That costs nothing but time. You can point out that the incident was reported to the sheriff and that you have eye witnesses who can testify that the dog was not under control/not leashed as is required and ran out at you, causing the fall. You are asking only for the direct costs you've borne to be covered and you hope the owner will do what is right in following through on his/her word.

The last part is key -- making this an issue of honoring one's word and doing what's right. I read years ago that collections letters which use language which invokes "doing what's right" (probably better phrased than that) are more successful than those that simply say "pay up, you deadbeat!" Not as much fun to write as the "pay up, you deadbeat" letters, however! :D

I'm glad you were not hurt (and glad the dog wasn't, either), and hope you get your costs covered!

Just a little addition regarding small claims court - it does cost $. I think in San Diego it costs $75 to file and then you have to serve it. You can have someone you know serve it for free (which you might be able to do), or if you have a process server do it, it costs about $50. So that is almost your settlement right there. Also, I want to second what the poster said about "actual cash value." people get confused about this, but what it really means is that they don't have to buy you a new one, just pay you for what the one you had - in its current condition - was worth.

She's not charging for damages to the rest of her gear or herself.

I think she should just stop by sometime and speak to the wife. The husband has already offered to pay for half of the helmet & wheel (and truthfully if a new wheel & a helmet is only $200, they got off lightly - because I couldn't replace one of my wheels for $200), so getting them to come up another $50 or $100 shouldn't be too bad if you speak to the person that actually saw what happened.