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