In a recent survey, it was revealed that approximately 56% of dog owners take their pets with them for errands or other car rides at least one time per month. With the estimated 42 million households owning dogs, this marks a significant amount of pets on the roadways at any given time. However, taking pets for a ride along, particularly if they’re unrestrained, can pose significant dangers for drivers, passengers, and occupants of other vehicles. If you’ve been involved in a car accident and your dog, cat, or pet was injured, you’ll need to be aware of your rights for potentially pursuing a claim for injuries and damages.
An individual in Indiana may be able to sue if their dog has been injured in a car accident, but the viability of a claim will depend on the circumstances of the incident and nature of the damages. As cold as it may seem, Indiana law considers pets as personal property and although pets are considered family members by most, in the eyes of the law, insurance companies deal with them as they would any other personal property that has been damaged or lost. Our law firm does not handle pet injury claims if the owner was not also injured, however, we will still be happy to review your case to determine whether or not we can assist.
As with most cases, negligence and the at-fault parties will be key components of a claim. If another party’s negligence caused the accident that hurt you or your pet, you could seek compensation for damages, which may include veterinary bills and, in some cases, the value of the dog if it was killed. Emotional damages for the pain of losing or injuring a pet are typically not recoverable under Indiana law.
When a pet is an occupant of a vehicle during an accident, there will be increased scrutiny on how, if at all, it contributed to the crash. Indiana follows the modified comparative fault rule, meaning if you are found to be partially at fault for the accident such as failing to restrain your dog or driving while distracted, your recovery may be reduced by the percentage of fault attributed to you.
While not illegal, driving with an unrestrained dog in the Hoosier State can potentially jeopardize the safety of you and your pet. Even though the state does not have specific guidelines requiring dogs to be restrained, general traffic laws about distracted driving still apply, and having an unrestrained pet that interferes with the ability to drive safely could lead to a citation and negatively impact your potential claim.
Because of the intricacies and unique variables that can be present in these types of accident claims, it is advisable to have an experienced Indiana personal injury lawyer carefully review your case to determine the appropriate course of action when seeking compensation for injuries and damages. The at-fault party’s liability coverage may pay for the costs associated with your dog’s injury, however, insurance companies may challenge the claim or argue about the amount of damages that have been incurred.
If you or a loved one have been in a car accident with an injured pet, contact Hurst Limontes and we will review your case at no cost to you. Our team of attorneys has over a century of combined experience fighting for our clients in any number of personal injury claims. We work on a contingency basis, meaning there is no cost to our clients unless there is a settlement or jury verdict award obtained on their behalf.
Call 317-636-0808 or complete the contact form below to get started.
