Cyclist Injured By Dog Gets His Day in Court--On Judge Judy
by Andrew Posner, Providence, Rhode Island
on 07. 6.08
Cyclist Gets His Day in Court
A friend of mine sent me this youtube video of an episode of Judge Judy. In this case, a cyclist riding on a rural road struck a dog that was not on a leash, causing him to fall and crack his helmet and sustain bruises and road rash on his body. While the defendants can't seem to get it into their heads that they are responsible for their dog causing the cyclist to crash (in fact, the wife implies that she is not liable because it's dangerous for cyclists to ride on rural highways, to which Judge Judy replies "it's dangerous if there are dogs running around without leashes!"), in the end the cyclist is vindicated.
Cyclists Have the Same Rights as Motorists
Unfortunately, we often see cyclists get the short end of the stick when it comes to traffic accidents (see Door Prize Lady Charged "To the Full Extent of the Law" and Taking Back the Streets: Cyclist Memorials). At least in this case the cyclist won, but I wouldn't be surprised if a lot of people that saw the episode agreed with the sentiment that the cyclist was at fault for riding on the roads. In fact, I'd be surprised if one out of 10 people knew that cyclists have the same rights--and responsibilities--as drivers.
More on Cycling Safety
Survey: Should Bike Lanes be Separated From Traffic?
Bicycle Traffic School Debuts in Santa Cruz
It's More Dangerous NOT To Ride a Bike
Helmets--for whom? Cyclists or Motorists?
Freakonomics on Bike Safety
Turn Signal Jacket for Cyclists
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This is a common problem in rural areas where dogs run free more often than not. While most rural dog owners accept this fact it is clear these two have no concept of personal responsibility. I suspect that had the plaintive been driving a car and hit the dog, the dog owners would be suing because he shouldn't be driving on that road. Simple fact-you own a dog and it causes a problem off your property, you are responsible. In another case in which a women's small dog left her property to attack a much larger dog, on leash, and on public property--the small dog was killed. Tragic? Yes. The small dog's owner took them to court and lost.
I have to say.. this is really pathetic
This is a classic case of the "sue everyone for everything America"
Sometime accidents just happen is correct and it should have just been left at that...
Yes, I agree the dog should of been fenced in... Leashes are only for walking them in my opinion.
But really people.. what would have happen if it was some local flora or fauna that had caused the accident.. is he going to sue the town?.. the state?.. mother nature?
"Oh my.. that rouge Raccoon has caused me mental trauma... I have to sue somebody!"
This is not a rip on cyclist at all... But be aware and alert.. because if I start seeing warning labels on bicycles about how something might jump out in front of you... America would have sunk to a new low...
and for some more truth on the rest of America faults...
http://www.youtube.com/watch?v=3cBiOTvxXcY
Sometimes you need to sue idiots who refuse to take responsibility for their actions.
In this case Jude Judy was quite correct, the dog owners are at fault.
And Kudos to Judy for recognizing that Cyclists deserve treated with respect.
Dog with a tendency to be chasing bicycles often also chase pedestrians and even cars, barking furiously and snarling at the people/tires. Very common in rural areas where passersby are fewer.
For the ones that get too close: dilute household ammonia in a very small squirt bottle. No lasting harm, the dog stops its dangerous behaviors (to itself and humans), and its not illegal anywhere.
"I have to say.. this is really pathetic
This is a classic case of the "sue everyone for everything America"
Sometime accidents just happen is correct and it should have just been left at that..."
I am all for stopping frivolous lawsuits, but by no definition is this one of them.
If you watched the video, the man wanted a simple amount of money for his hospital bills. His HOSPITAL bills, that the defendant's dog caused by running after the bicyclist which he had a HISTORY of doing.
The defendant's are so dense as to think it isn't their fault, despite the dog's previous incidents and the fact they failed to keep their dog on a lease, a SIMPLE measure. They don't seem to understand what responsibility is because they made an example at the end of the case:
"Well, isn't he partially at fault if I'm backing out of my driveway and he hits me?"
NO! NO HE IS NOT!
They don't even understand basic right-of-way driving laws!
Anyway, the summary is he wanted about $500 for the bills and small bike repairs and they never responded to him in a 2-3 week period so he sued them because they wouldn't return his calls or even acknowledge the $500 he asked for. Their defense was "it was his fault too" which is just bullshit and absolutely NO REASON not to call him back and discuss it with him, and the judge agreed to the tune of $3000. Serves them right (his bike is worth $5000 and required repair as well, he wasn't even suing them for the cost of a new bike which I sure as hell would have).
Glad for the outcome in this case but have to say, as an EQUESTRIAN, I have been subjected to many rude and thoughtless bikers on the trails. Equestrians have no road access and have the right of way on shared access trails. Unfortunately, lots of bikers need to brush up on trail manners!!!!!!!!
As someone who has been attacked by an off-leash dog while riding my bicycle, I think it's good on this guy for getting the compensation he deserved.
Luckily, in my case, I was not thrown off my bike, but I did have a very irate dog snapping in my face to the extent that I had to punch it (with a lot of force - and in that situation it was justified) to get it to back off... and then had to spray it with my water bottle to keep it back at a safe distance. In other words - it could have been much, much worse. (there are many cases of people needing serious plastic surgery after dog attacks). The owner, however was stunned by my 'animal brutality'.... go figure!
People who own animals need to take the responsibility of them. They know the habits and traits of the pets and are aware of the implications. Leash it up if you know it chases people. Thats an easy one.
Although this was in a rural area, many neighborhoods, housing developments, and cities have very clear laws about dogs. Not only is my brother responsible for his dogs should they leave the yard, but he is also requried to have his yard fenced in with a "Beware of Dog" sign posted as he owns two aggressive breeds.
If it was the couple's child at fault, would they have been as careless?
I like how she points out that he was 30-40 miles from his home and that he could've been on the bike trails.
1. That's awesome that he bikes so far, that's why his bike cost over 5k
2. Road bikes are for the road, lady, not for trails.
And to CyberCat... the dog is an issue of ownership and property. If the raccoon ran out in front of him, no one in particular owns the raccoon, hence it's called a wild animal. The dog is OWNED by the defendants, and it is their responsibility to control the dog. Hypothetically, say the dog ran into the road and bit your child. Also, say that you didn't have much money to pay the medical bills. Would you still think it was your responsibility to pay the medical bills, or the dog owner's responsibility to keep their dog from crossing the boundaries of their property and causing "accidents"?
at first I wasn't going to watch this because I can't stand watching judge judy most of the time, and once again it was the same thing, one group has a brain, the other group does not.
But was a nice watch, and happy for the cyclist, happy nothing worse happened to the guy. Hope he'll be ok not having to go via that path anymore though, that sucks, looked to be pretty peaceful... aside from the dog...
That biker is mentally slow if he can't either, brake or pedal fast enough to get away from a dog. Me thinks he needs to invest the $5000 he spent on his bicycle for a personal trainer/common sense.
What would have happened if gravel on the street caused the accident? Would the gov't be sued?
I think the defendants should have cut it off from the beginning, told the guy to submit his paperwork to their lawyer.
This is what happens when you live in rural areas and urban sprawl. Dogs that grow up in cities and get walked in parks don't usually freak out at bikes because they are all over.
notice that urban planning is the reason form most of our problems?
I don't understand what it is with dog owners. They claim to love their animals so much, but then they let them run off the leash. These defendants in particular should have been especially careful, seeming as their dog had a past history with chasing bikers.. They live next to a damn highway. Someone has threatened to kill their dog. And yet they let it run amok regardless. What caring owners!
There should be an intelligence test to prevent stupid people from abusing their animals. In situations like this it puts everyone at risk... a car could have swerved and crashed to avoid the runaway dog, as well...
These people don't understand how aggressive dogs are to bicyclists, or that the trails she mentioned are themselves dangerous, simply for other and in many ways more important reasons (pedestrians and unskilled bicyclists are a bigger hazard than dogs and automobiles). And the 'pathetic' respondent also doesn't understand this either.
A big part of bicycling culture is learning and diseminating information about where the dangerous dogs are (and I use that term deliberately), and they take some pains to avoid them, even riding miles out of their way on inferior roads to get past the worst of them (even moreso when the cyclist is alone). Even then, there are surprises, or days when you have to 'risk it', but that doesn't mean you can or should BLAME THE VICTIM when something bad happens to them. Taking precautions does not shift responsibility.
Also...
We had a friend when I was young who hit and killed a cat under similar circumstances. Adjusted for inflation the bike was nearly as nice, and the thing with bike damage is this sort of accident is that it tends to be the front fork, the front wheel, and the rest of the bike is incidental falling damage depending on how the rider lands. Maybe pedals, maybe rear derailleur, maybe a brake lever and some new handlebar wrap. Maybe just a couple of scuffs.
Most of the damage is to the person and a new helmet (which is cheaper than than the damage to the human).
Generally any wreck where the more expensive parts are damaged is one you don't limp away from. Breaking the bike usually implies broken bones as well.
I the woman's question at the end implying that she thinks wouldn't be responsible if she hit him while backing out of the driveway reveals the larger problem at work here, which is that cyclists aren't viewed as vehicles on the road.
Well, i don't know what the law says were you live, but here in belgium it is split between regular traffic and maneuvering. If you do a manouvre like backing out of the driveway, opening a door, all other regular traffic has absolute priority. If you hit someone, it's your fault.
And with this case, why didn't this judge reacted more severe on those blatant lies? (dog wiggled out of his collar)
Dogs should be on a leash , period. I have seen more then one accident happen with dogs who were allowed to run around off their leash, because the owner assumed that training the dog was enough to keep it from following certain biological instincts. I think Judge Judy did a good job, and I hope in the future people realize bicycles need to be viewed as another vehicle on the street.
To John E.-
You have obviously never been attacked or intimidated by a dog while riding a bicycle- it is incredibly scary; dogs can certainly run faster than a human can bike on a flat surface, and this happens in many parts of the U.S. I was cornered by a bunch of wild dogs on a street in Austin, TX, and barely got away, and got bitten on my ankles. Those dogs need a home, and owners of dogs always need to be responsible for what their animals do.
To John E and Elepski:
We can only hope anvils fall from the sky on your heads because you weren't alert enough to get out of the way.
Her statement at the end is really funny. "Make sure you keep your dog on a leach at all times". Not because it isn't true, but because she still doesn't understand why it's important to keep her dog tied up when he's not fenced in or in the house. There are so many loose dogs in my neighborhoods it is scary. They run after people on foot, bike or car. I have to walk with a heavy stick just to protect myself and my children. Owners need to take responsibility for their pets.