Dog owners may be liable for road deaths

Fri, 16 Sep 2005

As the number of dogs that are being killed on UK roads is increasing each year as a result of car accidents, dog owners could be responsible for costs and even criminal charges. So if your dog is hit by a car, you as the owner of the dog would be liable for all rectification costs and possibly be prosecuted under the Road Traffic Act if the driver is killed or injured.

The Road Traffic Act classes a dog as an animal that is not free to roam like sheep and cattle. Therefore, the dog owner will be responsible for the dog’s actions on the public highway.

If it can be proved in court that the accident was due to the dog being on the road, the dog owner will be liable for the costs which can sometimes be thousands of pounds. This is what happened to June Lillis, when her dog Sebastian, was hit and killed by a car. She suffered the agony of loosing her dog and the stress of the financial burden of paying for the damage to the driver’s car.

She explained. "At first the driver was only concerned for Sebastian, and he helped my eldest son take him into our house. But a couple of weeks after the accident, we received a letter from his insurers advising us that we were at fault for the accident, and therefore the damage to the car. Luckily, the damage only cost £70 to repair, but we were shocked to learn we were responsible.

"The crash happened at night, and the driver said he never saw the dog, but we chalked it up to a tragic accident. When my husband rang the man’s insurers, they advised him that we would have to go to court to prove we were not at fault."

Campaigners for road safety are advising cyclists and pedestrians to wear clothing that is highly visible especially at night and during winter, as dogs have a habit of appearing from no where and often when it is too late. Dogs are often walked off their leads or they escape from their owners properties.

Lars Lund, UK Country Manager of the worldwide veterinary supplier Kruuse, has addressed this problem. "We were concerned that there were accidents occurring where they could easily have been avoided. So we took up the Atomic Pet™ range of products that would ensure visibility should you or your dog encounter danger at night.

"The leads are constructed of high impact ABS plastic and top quality ripstop nylon with water resistant components and are offered in complementary designs to the collars and can also be used with conventional leads; but unlike reflective collars, they don’t need light shining on them to work, as the lights are built in and the dog is therefore visible under all conditions and is easily spotted by a motorist should the occasion arise"

There is some consolation for cat owners, as the Road Traffic Act classes cats in the same category as chickens, pigeons and turkeys which are free to roam animals. So if a cat causes a road traffic accident, the cat owner will not be liable for costs.

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