Dog versus cyclist :(

**arielmoon** · 03-30-2009, 10:42 AM

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** · 03-30-2009, 10:50 AM

Originally Posted by arielmoon

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** · 03-30-2009, 11:32 AM

Originally Posted by Norsegoddess

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.

**Biciclista** · 03-30-2009, 12:11 PM

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** · 03-30-2009, 12:25 PM

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** · 03-30-2009, 12:31 PM

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

and does believe in calling bluffs.

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

**Tuckervill** · 03-30-2009, 12:36 PM

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** · 03-30-2009, 01:22 PM

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** · 03-30-2009, 01:24 PM

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....

**Karma007** · 03-30-2009, 03:56 PM

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

**crazycanuck** · 03-30-2009, 05:12 PM

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!

**Jiffer** · 03-30-2009, 08:42 PM

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!

**BleeckerSt_Girl** · 03-30-2009, 01:45 PM

Originally Posted by arielmoon

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** · 03-30-2009, 01:52 PM

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** · 03-30-2009, 01:54 PM

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.

Thread: Dog versus cyclist :(

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