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Dogs On Leashes


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#31 mylo

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Posted 19 December 2006 - 02:29 PM

QUOTE(c_vanderveen @ Dec 19 2006, 01:39 PM) View Post
Ok mylo, this is me paying attention to you. Happy now?

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#32 Al Waysrite

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Posted 19 December 2006 - 02:55 PM

QUOTE(stevethedad @ Dec 19 2006, 02:12 PM) View Post
This morning I was coming down Blue Ravine. There was some jerk in a gray and blue pickup weaving in and out of traffic. As we approached Target, I was slowing down as the light was red. The woman behind me rode my tail, while the guy in the truck swerved in front of me, apparently unaware of the red light and the cars waiting there. He had to slam on his brakes, as did I, and the woman behind me almost hit me, leaning on her horn and yelling at me through her windshield. I guess she would have rather had me hit the other cars.
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 mylo

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Posted 19 December 2006 - 03:12 PM

*sigh* alright, I concede. I'll stay out of your pointless bickering from now on.
"Ah, yes, those Gucci extremists and their Prada jihad!" --ducky

#34 Robert Giacometti

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Posted 19 December 2006 - 03:22 PM

QUOTE(stevethedad @ Dec 19 2006, 02:12 PM) View Post
This morning I was coming down Blue Ravine. There was some jerk in a gray and blue pickup weaving in and out of traffic. As we approached Target, I was slowing down as the light was red. The woman behind me rode my tail, while the guy in the truck swerved in front of me, apparently unaware of the red light and the cars waiting there. He had to slam on his brakes, as did I, and the woman behind me almost hit me, leaning on her horn and yelling at me through her windshield. I guess she would have rather had me hit the other cars.
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.

#35 Steve Heard

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Posted 19 December 2006 - 04:15 PM

QUOTE(Robert Giacometti @ Dec 19 2006, 03:22 PM) View Post
I thought that was you this morning.

Which one were you?

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#36 Robert Giacometti

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Posted 19 December 2006 - 04:31 PM

QUOTE(stevethedad @ Dec 19 2006, 04:15 PM) View Post
Which one were you?


I was in the truck..... just kidding!

AVOID....BLue Ravine & East Bidwell during this season and be patient otherwise. You don't want to be asking Santa for a new bumper!

#37 jill z

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Posted 19 December 2006 - 06:47 PM

QUOTE(Al Waysrite @ Dec 19 2006, 09:22 AM) View Post
It wasn't her fault. While the dogs may've caused sudden braking, the story I read from swmr (and the photo) indicates it was a rear-ender. Calif's basic speed law says you shouldn't drive your car so fast that you can't brake before hitting the car ahead of you. So in a rear-ender it is always the fault of the driver in the rear. Sorry to break that to you swmr.

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.
Life is unsure. Always eat your dessert first!

#38 jill z

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Posted 19 December 2006 - 07:02 PM

QUOTE(Al Waysrite @ Dec 19 2006, 10:15 AM) View Post
so did I. and it's true, it's codified at VC 22350.

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?!
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#39 Duke

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Posted 19 December 2006 - 08:12 PM

QUOTE(Al Waysrite @ Dec 19 2006, 11:48 AM) View Post
.... Under these circumstances fault will be assigned mainly to swmr and perhaps a lesser portion to the dog lady....


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 swmr545

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Posted 19 December 2006 - 11:55 PM

I hope it didn't come off as my passing the blame to the dog owner.

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.
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#41 swmr545

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Posted 09 January 2007 - 10:55 AM

Got the final word about my car. It's going to be over $10,000 sad.gif to get it fixed.

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.
"We must recognize that this short life can neither be ennobled or enriched by hatred or revenge."

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#42 Jolene

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Posted 09 January 2007 - 11:45 AM

QUOTE(swmr545 @ Jan 9 2007, 10:55 AM) View Post
Got the final word about my car. It's going to be over $10,000 sad.gif to get it fixed.


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!

QUOTE
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.


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?
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#43 SacKen

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Posted 09 January 2007 - 01:31 PM

Sadly, some people just need a good beating.
"Just think of how stupid the average person is, and then realize half of them are even stupider!" -- George Carlin

#44 FIDOPres

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Posted 09 January 2007 - 03:34 PM

QUOTE(swmr545 @ Jan 9 2007, 10:55 AM) View Post
Got the final word about my car. It's going to be over $10,000 sad.gif to get it fixed.

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 swmr545

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Posted 09 January 2007 - 11:52 PM

QUOTE(FIDOPres @ Jan 9 2007, 03:34 PM) View Post
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.


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.
"We must recognize that this short life can neither be ennobled or enriched by hatred or revenge."

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