Chicago Personal Injury Law Blog

Let's say that you are driving down the road and a dog runs out its yard, through a couple of parked cars, and right into your path. The natural reaction -- and as a dog owner, the one that I hope you would have if my dog ran out in the road -- is to slam on the brakes and hope that you don't run the dog over. It is the natural, human thing to do. Let's also say that after you slam on the brakes, you get hit from behind by the guy behind you who could not stop fast enough after you slam on the brakes. You end up with a some neck and back pain, but the guy behind you ends up leaving in an ambulance. Thankfully, the dog runs back into its yard unharmed.

The question is, who has responsibility for the injuries from this car crash?

The answer is actually somewhat surprising. The party that bears the most responsibility is the owner of the dog. Illinois has a statute called the Domestic Animals Running at Large Act which imposes liability upon the owner of animals that cause injury after getting loose from their enclosures. The party that bears the second most degree of culpability is the driver who stops short for the dog. The law actually requires the driver to keep going and hit the dog if stopping short would create a hazard for other drivers on the road. As far as I know, that is the law in every state except Texas. In Texas, you have stop your car to avoid hitting a cow (which is probably a good thing anyway), but not for other animals, including wayward dogs. The driver who has the least responsibility is the driver of the last car who rear-ended the car that stops for the dog. This seems completely backwards, especially since there is a statute which requires drivers to maintain adequate stopping distance from other motorists.

Surprised by the answer?

Labels: Car crashes