Say i hit a dog on my motorcycle and i claim injury but no real damage to the bike, do i need to prove that i really hit the dog

Asked over 1 year ago - Columbus, OH

no real damage to the bike besides mud in the foot pegs, and it was raining pretty hard

Attorney answers (10)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . It is not necessary to have damage to a motorcycle if you sustained injuries.

  2. Thomas Austin Thompson

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . In Ohio, dog owners are generally liable for the actions of their dogs if they run into the street and cause an accident. Coverage is available under most home owner's insurance policies; however, you would be required to identify the dog and establish who owns the dog in order to go after the owner's insurer. You should also have a personal injury lawyer review your own policy to determine what, if any, coverage you may have for this type of incident.

  3. George Costas Andriotis

    Contributor Level 20

    5

    Lawyers agree

    Answered . It would be helpful if you can prove the incident happened. We're there any witnesses.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  4. David Thomas Dorer

    Contributor Level 12

    5

    Lawyers agree

    Answered . You would need to prove you hit the dog if you want to try to make a claim against the owner. In some instances homeowner's insurance pays on such a claim.

    Answering questions does not create an attorney/client relationship. I only am your attorney if I have entered... more
  5. Michael Lewis Eisner

    Contributor Level 11

    3

    Lawyers agree

    Answered . Ohio has a strict liability statute for all damages caused by a dog. The owner, keeper, and/or harborer of the dog is liable (with only very limited defenses). Insurance companies sometimes try to blame the motorcyclist for "comparative fault," but I have been successful in having trial courts rule that the defense is not available under the statute. Technically, you don't even have to have contact with the dog. You will have the burden of proving that the dog did cause the injuries, who was responsible for the dog, and your damages. If you have serious injuries, contact a lawyer immediately.

  6. David Thomas Dorer

    Contributor Level 12

    4

    Lawyers agree

    Answered . You would need to prove you hit the dog if you want to try to make a claim against the owner. In some instances homeowner's insurance pays on such a claim.

    Answering questions does not create an attorney/client relationship. I only am your attorney if I have entered... more
  7. Scott J. Corwin

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . I agree with the responding attorneys. In order to make a claim against the owner and subsequently receive compensation for the damages caused, you need to prove the owner to be at fault. You should continue your medical treatment and consult with an attorney to assist you in your matter.
    (310) 207-4030

  8. Howard Robert Roitman

    Contributor Level 17

    2

    Lawyers agree

    Answered . In almost all car, bike or motorcycle accidents, it is important to be able to prove who carries the car accident liability. In other words: who made the mistake or was negligent.

    The materials available at this web site are for informational purposes only and not for the purpose of providing... more
  9. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . I would say so, to the satisfaction of a jury. If you allege that the dog ran out into your path and you struck it, you will need to prove that allegation through your testimony or the testimony of other witnesses etc.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.
  10. Christopher Steven Hoffmann

    Contributor Level 14

    Answered . In somes states, if a dog causes a car or other accident and can be identified, then an action can be brought against the owner via their homeowners insurance. Damage or contact is not always required, but obviously the accident's occurrence then comes into question. In terms of a claim against any of your own coverage, you would have to present your policies of insurance to an attorney for review. Call a local lawyer for help.

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