LegalMatch Free Legal Advice Forums  
Find A Lawyer Now!
Legal Forum
Go Back   LegalMatch Free Legal Advice Forums > Personal Injury and Accident Law Forum > Car Accident Injury Law
User Name
Password Register
FAQ Members List Calendar Search Today's Posts Mark Forums Read


  Find a Lawyer Now By Category:
  Family & Divorce Criminal Defense Job & Employment Personal Injury
  Real Estate Lawyers Immigration Business Lawyers Other Lawyers
LegalMatch is Fast, Free and Confidential
Not Ready To Hire an Expert Lawyer? Get Online Legal Documents
Reply
 
LinkBack Thread Tools Display Modes
  #11  
Old 03-09-2009, 06:17 PM
Senior Member
 
Join Date: Nov 2008
Posts: 365
Harp on that leash law forever!

We know that.

What can be done? Not much and she knows it.

What should have happened differently? The speeder should have been charged with killing an animal with a deadly weapon. Same as would have happened with a child killed. Then maybe though ACCIDENTAL... attention would be paid to speed limit signs on private property.

There is NOTHING that can be done that is not harassment of one form or another... but then killing that dog was a form of murder that we as a nation do not punish unless the killer is a child... and then we fear what they might do as adults... if only they had been stopped as children????~~~!!!!! NOT.
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Find a Lawyer Now!
  #12  
Old 03-09-2009, 07:27 PM
Senior Member
 
Join Date: Nov 2006
Posts: 3,504
Send a message via AIM to GentleGrace
Quote:
Originally Posted by donallie View Post
Harp on that leash law forever!

We know that.

What can be done? Not much and she knows it.

What should have happened differently? The speeder should have been charged with killing an animal with a deadly weapon. Same as would have happened with a child killed. Then maybe though ACCIDENTAL... attention would be paid to speed limit signs on private property.

There is NOTHING that can be done that is not harassment of one form or another... but then killing that dog was a form of murder that we as a nation do not punish unless the killer is a child... and then we fear what they might do as adults... if only they had been stopped as children????~~~!!!!! NOT.
All of this coming from a woman who has been charged with speeding herself? You keep saying, "What if it had been a child??" It wasn't.

What if, when YOU were speeding, YOU hit a dog or a child? It's a moot point because you DIDN'T.

If you are going to rain hell fire and damnation down on THIS person ---then help yourself to an equal share.

Expounding here on the way YOU think it should be is a waste of time and bandwidth. If YOU think that people should be charged with murder if a dog is hit by a car, then good for you. You are entitled to YOUR opinion. But this isn't your opinion forum. It is a LEGAL forum where the LAW is explained.

IT DOESN'T MATTER HOW YOU THINK IT SHOULD BE.

It doesn't matter how I think it should be.

If you want to change the law, write your statesmen--not me.

BOTTOM LINE----THERE IS NO PROOF ANYONE WAS SPEEDING.

Read over and over until you understand.

NO PROOF. GOT IT? Now, remove THAT from your scenario. NO SPEEDERS (because we cannot prove it). Now, we have a guy that hit a dog. We know that. Why do we know it? Because the dog is dead and it is in the road.

Now.......... WHAT KILLED THE DOG?

SPEEDING?

Nope--remember YOU said WE CANNOT PROVE SPEEDING since there were "no policemen" there that day.

So---WHAT KILLED THE DOG?

Was there a car driving around in the yard? Did it blow out a tire and run through a fence and hit a poor dog barking happily at the mailman?

WHAT KILLED THE DOG?

BEING IN THE ROAD killed the DOG.

I find it reprehensible you are not holding the person responsible whose actions--however unintentional and accidental RESULTED in the dog BEING in the ROAD where it got hit---by a CAR. NOT by a SPEEDING car. But by a CAR.

Legal term for you--- RES IPSA LOQUITUR--- means , literally, "if not, but for". The courts have generally held that the doctrine of "res ipsa loquitur" applies if the accident would not occur in the absence of negligence. In other words---IF NOT for the dog owners negligence, then the accident would not have happened.

Another thought--it IS entirely possible that the DRIVER of the car could SUE the dog OWNER for damage to his car. In other words, if the driver of the car is heading down the road in a Prius, and a Saint Bernard runs into the street, the car is going to be damaged. Who is responsible then? The person whose responsibility it is to keep the DOG out of the ROAD.

NO ONE WAS SPEEDING---we have to assume that ---WHY?

BECAUSE THERE IS NO PROOF otherwise.

IF NOT for the dog being in the road, then the accident would not have happened.

It really is very simple.

And there IS something that can be done. I did it before I moved foot into this property and into this home. I live on a MAJOR highway. The speed limit on the TWO LANE road in front of my home is 65mph. I have two german shepherds and a rottweiler--not to mention seven kids, a dozen bikes, basketballs, skateboards, etc. Before I spent a single night at this home, I fenced in the ENTIRE yard---several acres---TWICE. Yep. The dogs are inside of a fence INSIDE of the fence--so, in the event they DO manage to slip out of ONE fence, they are STILL contained. I also consider my fellow travelers who travel this road daily---someone could die if a softball flies into the road from my kids bat --a car swerves and someone dies.

It is MY responsibility---one for which I have MORE than taken precautions. The same is true for anyone who owns a pet. If you love them, show them. Be diligent--and don't pass the buck on to someone who was merely going to work---who has to live with the death of an innocent animal on their conscience because---IT WAS IN THE ROAD.
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Find a Lawyer Now!
Reply

« Previous Thread | Next Thread »

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On




All times are GMT -7. The time now is 02:43 PM.

County Lawyers | Attorney Search by City
DWI Lawyers | Estate Lawyers | Criminal Lawyers
Expungement Lawyers | Business Lawyers | Government Lawyers | Family Law Lawyers
Real Estate Lawyers | Employment Lawyers | Bankruptcy Lawyers | Foreclosure Lawyers
Personal Injury Lawyers | Child Visitation Lawyers | Child Custody Lawyers
Immigration Lawyers | Landlord/Tenant Lawyers | Defective Product Lawyers | Christian Attorneys
Attorney Referral Services | Intellectual Property Lawyers | Bar Association Lawyers


Powered by vBulletin® Version 3.6.4
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.1.0
Copyright ©1999-2008 LegalMatch. All rights reserved. LegalMatch®, the LegalMatch
logo, and the tradedress are trademarks of LegalMatch. Patents Pending.