No, one of you still lives! Your dispute with Al will not be resolved on the battlefields of this forum.
Dogs On Leashes
#31
Posted 19 December 2006 - 02:29 PM
No, one of you still lives! Your dispute with Al will not be resolved on the battlefields of this forum.
#32
Posted 19 December 2006 - 02:55 PM
Al or BCF, while swmr could be deemed negligent for not allowing enough stopping distance, could the dog-walker be guilty of contributory negligence?
contributary negligence is a term no longer used. In Calif. we have the comparative negligence standard. I explained above how the dog-walker might be comparatively negligent depending on whether swmr's accident was foreseeable as a result of her failure to leash.
And by the way, Mylo go shoot yourself!
#33
Posted 19 December 2006 - 03:12 PM
#34
Posted 19 December 2006 - 03:22 PM
Al or BCF, while swmr could be deemed negligent for not allowing enough stopping distance, could the dog-walker be guilty of contributory negligence?
I thought that was you this morning.
#37
Posted 19 December 2006 - 06:47 PM
Nonetheless we should all keep our dogs on leashes.
Yes it is true.... The dogs that were roaming off-leash may be a secondary contributing factor but the rear-ending would be caused by either a primary collision factor of unsafe speed or tailgating. With the first car that was in front of swmr not hitting a dog, it would appear that the blame could be shifted to swmr. This is not to say that the dog owner wouldn't be cited for the leash law violation. The insurance company could also choose to adjust the ratios of who is most at fault to lean towards the dog owner.
Good luck swmr. Regardless of the outcome, at least you weren't seriously hurt. I hope you feel better soon.
#38
Posted 19 December 2006 - 07:02 PM
That is an entirely different scenario. Try not to compare apples to oranges. The majority of the simple rear-end collisions are normally caused by the person who rear-ended the other. In your "rear-end" scenario, you spoke of a person who pulls out from a parking lot. This would not be a rear-end violation. This would be a right-of-way violation that resulted in the violator being rear-ended.
:-) SMILE I can do this all day long! Isn't it fun being the devil's advocate?!
#39
Posted 19 December 2006 - 08:12 PM
swmr would be deemed at fault in a police collision report. The dog lady isn't involved in the crash. It's simply truck vs. car.
Let's substitute, for example, a large tree branch suddenly toppling onto the traffic lane, or a child running after a ball into the street. The truck rapidly brakes-- traffic behind the truck is also expected to safely stop.
#40
Posted 19 December 2006 - 11:55 PM
I rearended, cops say I'm at fault, who am I to argue?
What I was hoping to get across was that when you are on one side of a 4 lane street with a center median (Emprire Ranch Road) and your dogs are on the opposite side w/o a leash on, and you are walking and not trying to ge them, and they dart in front of a car and an accident is caused because the car didn't want to kill your pet, you need to take personal responsibility for placing the lives of your dogs and the safety of the drivers in jeopardy.
Regardless of what the leash law is for (keeping dogs from attacking people or marking their territory), it needs to be followed, no matter what. No one ever has complete control over an animal ever, but if you are taking your dog out, at the least put a leash on it and hold on to the leash.
RFK
#41
Posted 09 January 2007 - 10:55 AM
Also, I was coming home from work a few weeks ago, and the same woman was walking her dogs w/o a leash again. You'd think she'd learn.
RFK
#42
Posted 09 January 2007 - 11:45 AM
They're not just going to total it? If it's a compact car, that sounds close to a the threshold for repairs. That really sucks. I'm sorry this happened to you!
You should start taking pictures every time you see her with her dogs without a leash. Document for a couple of weeks then submit them to the police for a citation. That might teach her?
We could not be doing this without you.
Much love and gratitude.
#43
Posted 09 January 2007 - 01:31 PM
#44
Posted 09 January 2007 - 03:34 PM
Also, I was coming home from work a few weeks ago, and the same woman was walking her dogs w/o a leash again. You'd think she'd learn.
Hey Swmr... If you can tell me where and when I'll get Cindy Walden over there to issue her a citation. I need as much of a description as possible. Owners like these give all dog owners in Folsom a bad name.
#45
Posted 09 January 2007 - 11:52 PM
I called Folsom PD, and they said they would send someone out, but I don't think they got there before she left. She also refused to give us her info at the scene of the accident even though she was a witness. I'm looking into obtaining the police report because the officer said he got her info and would call animal control.
RFK
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