Dog versus cyclist :(

[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!

[OakLeaf]

If you were in Marion County, there is a leash law. 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........