Motorcycle accident victims who crashed because of a loose dog might be able to file a personal injury claim and get money from the dog owner or the dog owner’s insurance company.
Learn more about dog vs. motorcycle accidents, including how to know whether a dog owner could be liable, whether to contact a personal injury attorney after your crash, and more.
At Florin|Roebig, we have more than 35 years of experience in helping motorcycle accident victims get just compensation for their injuries.
What Laws Might Make A Dog Owner Liable For A Motorcycle Accident?
Certain states, counties, and cities have laws pertaining to dog attacks and dog bite injuries that could affect whether a dog owner is held liable for a motorcycle accident.
Two laws that may apply in your state are “running at large” laws and dog bite laws.
“Running At Large” Laws
Many areas have laws that prohibit dog owners from allowing their dogs to roam freely outside of specific designated areas, like dog runs and dog parks.
In general, laws that require owners to leash or contain their dogs are called “running at large” laws.
If you recently crashed your motorcycle because a loose dog ran at you or in front of you on the road, running at large laws can affect whether the dog owner is liable for the accident.
If dog owners are not permitted, by law, to allow their animals to roam freely in the area where your crash occurred, you should be able to use this law to your advantage to argue that the pet’s owner is liable for your crash.
Liability comes down to whether a person acted in a negligent manner, which means they acted in a way that could put others in harm’s way.
Even if there are no running-at-large laws in place where your accident occurred, you may be able to prove that a pet owner was negligent.
Dog Bite Laws
Many states have laws that specifically hold dog owners liable if their pets bite someone. Dog bites are so common that there is an entire field of personal injury law dedicated to these cases, and you can find a specialized dog bite attorney.
If you were bitten or attacked by an aggressive dog while on your motorcycle and it led to a crash, dog bite rules can affect whether the owner of the dog is held liable.
Every dog bite case is different. Factors like where the accident occurred (public vs. private property), whether the dog was provoked in some way, and others can impact how the case develops.
Negligence In Dog VS. Motorcycle Accidents
When it comes to determining liability in an accident, the first step is figuring out whether someone’s negligence led to the crash occurring.
In the case of motorcyclist vs. dog accidents, in order for you to prove that a dog owner should be liable in the accident, you must first prove that their negligence caused the crash.
Negligence is defined as a failure to comply with one’s duty of care. In other words, when someone acts in a way that they know, or should know, could put others in harm’s way, they are acting negligently.
All personal injury cases are built on the basis of a party’s negligent actions. Experienced attorneys like ours at Florin|Roebig law firm are experts in determining when negligence is present and clearly demonstrating how negligence resulted in an accident.
How Liability Works In Motorcycle Accidents Caused By Dogs
Once negligence has been established, it’s time to determine the accident’s liable party. The liable party will be responsible for paying any damages owed to the claimant.
In the case of motorcycle accidents, any property damage, medical expenses, wrongful death damages, or pain and suffering can be claimed as damages. The liable party will be legally responsible for paying the claimant to cover these losses.
Either the dog owner or the dog owner’s insurance company will usually be liable if a loose dog causes a motorcyclist to crash.
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Factors Affecting Dog Owner Liability In Motorcycle Crashes
Several factors can impact who will be ultimately responsible for paying for damages in a motorcycle vs. dog accident.
Whether The Dog Was Tagged Or Microchipped
Microchips are tiny computer chips that are inserted under a dog’s skin. They can be scanned by vets and local animal control centers to determine important information about a dog, including where they live and who their owners are.
If a dog causes you to crash on your motorcycle, you may not know who the pet belongs to, especially if it does not have a collar on. A microchip can be used to determine the dog’s owner so that the correct party can be deemed liable for the accident.
Whether The Dog Owner Holds Homeowners Insurance
Depending on the specific details of the crash, the dog owner’s homeowner insurance could end up being the liable party. If a dog’s owner is deemed at fault in the accident and they have homeowner’s insurance, their insurance policy will likely provide coverage for the accident.
Sometimes, a homeowner’s insurance policy has limits that mean it won’t cover the entire amount owed to the claimant. In these instances, the dog owner might be partially liable for paying for damages.
If a dog owner does not have homeowner’s insurance, they could be entirely liable for the damages.
Individual State Laws On Animal Control
Every state has different laws pertaining to how dog owners are required to control their animals, and what happens if their dogs cause an injury or accident.
Florida, for example, has several laws about dogs and how to control them. Florida’s dog bite law includes a “strict liability” on dog bites, meaning owners are liable when their dogs bite someone, regardless of if the dog has bitten someone or shown signs of aggression before.
Additionally, if a Florida dog bit someone previously or has shown aggression, it is labeled as a “dangerous dog” and must be restrained with a leash and muzzle in public.
Dog leashing and running at large laws in Florida are decided at the local level.
Many other states have similar laws that protect dog bite victims and others who are caused harm by dogs. These laws are in place to ensure that dog owners will be held liable if their pets cause others harm.
How Can A Personal Injury Lawyer Help After A Motorcycle Crash?
Personal injury lawyers can help people who have been injured in accidents like motorcycle crashes or car accidents to get compensated for their losses.
The attorney-client relationship can help accident victims in countless ways.
Help Determine Whether You Have A Case
Some personal injury law offices, such as Florin|Roebig, offer free consultations for people who are looking for legal advice after an accident.
During a free case evaluation, your Florin|Roebig attorney will review the details related to your accident and help you determine whether you have a strong enough case to pursue a settlement.
Help You File A Claim Against The Dog Owner Or Liable Party
If you do have a strong case, your lawyer can help you officially file a personal injury claim against the accident’s liable party.
The claim will notify the dog owner or insurance company that you are seeking a settlement to cover the losses you have suffered as a direct result of the accident.
Help You Fight For A Settlement
The insurance company, dog owner, or other liable party will likely want to pay the smallest possible amount. This is why you have an expert attorney on your side.
Your lawyer will do everything in their power to get you a fair settlement. They will clearly demonstrate how negligence caused your accident to occur, and will add up all of the damages that should be compensated in the settlement.
The cost of medical bills and medical attention, emotional distress caused by the accident and your injuries, lost wages due to being unable to work after the accident, and more can all be claimed as damages in your case.
Your lawyers will present all the evidence to the liable party and make a strong argument to ensure that you get the best possible settlement for your case.
Help You Argue Your Case In Court
Sometimes, it is not possible for all parties to reach an agreement on a settlement amount. In these rare cases, the next step is to file a personal injury lawsuit against the liable party, which will move the case to court.
In court, a judge will hear arguments from both sides and review information about the accident. Then, they will decide on a fair settlement amount.
Having an experienced trial lawyer by your side if your case goes to court is an invaluable resource that can mean the difference between a favorable settlement and one that is too small to cover your losses.
Florin|Roebig attorneys are Florida’s premier personal injury trial attorneys, with more than $1 billion won in case awards to date.
Motorcycle Accidents Caused By Dogs FAQs
If you still have questions about dog vs. motorcycle crashes, you can find answers below.
What Happens If Your Dog Causes An Accident?
If your dog causes a motorcycle to crash, you could be held liable for any damages suffered by the motorcyclist.
If you have homeowner’s insurance, it might fully or partially cover you for this incident, depending on the details and the limits on your policy.
Is A Dog Owner Always At Fault If Their Dog Causes A Motorcycle Crash?
Although dog owners are usually at fault in motorcycle vs. dog accidents, determining fault is not always straightforward. An expert personal injury attorney can sort through the evidence in your case and determine who was to blame for the accident.
Can You Start A Personal Injury Claim If A Dog Caused Your Motorcycle Accident?
If you were in a motorcycle crash caused by a dog, you may have a case to file a personal injury claim and pursue a settlement that covers your losses.
An expert attorney with experience in the field of motorcycle accidents can help you decide whether you should start a claim.
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If you have been in a motorcycle accident, you should contact Florin|Roebig law firm immediately to get in touch with a knowledgeable personal injury attorney.
Our lawyers have decades of experience in the field of personal injury law. We are backed by numerous awards and excellent client testimonials, and we have won over $1 billion in settlements and verdicts for our clients!
Contact Florin|Roebig law offices today to learn more about why we are one of the nation’s top personal injury firms. We offer free consultations to discuss your case.
