my dog was run over by a friend of my neighbors who was speeding

[Tumbulu]

I have a farm. It is 1/2 mile off of a paved road. There is a dirt road that runs to my house and barn and beyond to my only neighbor on the road. My neighbor has the right to use my road through an easement granted prior to my purchase of the farm. He always drives slowly past my house and barn and his visitors generally do as well. He has been a good neighbor, but lately there has been a burst of new people driving up to his place and some have been driving faster than others.

I have sheep and I had a sheepdog in training. She was very highly driven and chased anything that moved. I had to put up lots of fences as she chased and killed chickens and would have chased cars if allowed to. But I kept her on a leash when not inside the fenced yard or the fenced pastures. At around 2 years old she calmed down considerably. I could take her outside of the fenced area and let her off leash and she would come when I called and if a car was coming I would call her and she would come and I would hold on to her until it passed.

But not two weeks ago. We had walked outside of the yard to go to the ram's pasture ( 200 ft walk) when a truck came speeding- maybe 35 mph on a one lane dirt road- from my neighbors. It raced towards us and my dog just took off towards the truck. I screamed and yelled for the guy to stop. She circled from behind and ran up alongside the truck and then trying to stop it ran in front and he killed her instantly.

The first week I just cried and blamed myself. Why had I stopped keeping her on a leash, etc.

Now I am thinking, why was the guy speeding and when he saw a dog running towards him why didn't he stop or slow down. By the way he said "I don't stop for dogs".

Not only did I lose our beloved family dog. I lost my helper with the sheep. I had paid a lot of money to train her (let alone all my time).

I am asking you if you think I should find out who the driver was and ask for compensation for the loss of my working dog. The breeder of my dog said that a UPS truck had run over a friend of her's dog and they paid for it.

It is a bit delicate as I am not so interested in getting in a fight with my neighbor.

Since the death I have purchased signs stating 5 mph and Slow children playing, etc.

Any advice would be appreciated.

[mzmolly]

1. "I don't stop for dogs" ???

That's horrible.

The fact that this jerk was so callous makes me feel that I would pursue it somehow? Perhaps see if you can speak to him and find out what happened?

[adadem]

2. So very sorry for your loss n/t

[Ferret Annica]

3. You will suffer the thousand deaths of a coward

by not 'fighting' with your neighbor. Go to court and get a judgement. Turn up the chill, make them know they killed a member of your family.

I don't see you getting closure otherwise. Sorry to be so blunt, and sorry about your loss. This is my honest opinion, and it is based on experiance.

[caligirl]

7. I agree with this. I own a dog and have lost two others, one to vet

incompetence. You will never feel good about this if you don't set this straight with the neighbor and the driver. You need to enforce appropriate limits and establish responsibility for reckless behavior that injured you and killed a working dog. Dogs as you know do great and heroic acts for humans. They deserve our loyalty even in death. I had to do this with a veterinary service out here on the west coast, they(corporate investigated my complaint and agreed with me) were very nice about paying the costs and returned the money I spent for the vets poor quality of service. I was better able to let the loss go after a period of time.

[Ferret Annica]

12. I was holding one of my ferrets on the street

here in Eugene, Oregon and a big guy slapped him across the face walking by. He did it abusively hard, and obviously felt he was immune from retaliation by me, a 5 foot 6 inch man of 160 pounds. I put Cassady in the car I had parked nearby and beat the ever loving crap out of him for that.

At that time I was still racing bicycles and in top shape. I will defend a pet even if it puts me in harm's way, much as I would never, ever part with a pet in it's lifetime. I have one old guy, Zorro whom I have had 9 years. He was a pinky the first time I held him. It is hard when a pet gets old and dies, his litter mate died several months ago.

The police did stop the fight by the way, but I am a well known local, and it was established that he had instigated the situation. He settled out of court too when I filed a tort against him too I might add.

[IowaGirl]

37. I agree with Ferret Mike......

Sometimes you have to take a stand. This sort of selfish person will just go on to make someone else's life miserable unless someone holds him accountable. I am so sorry for your loss. A good dog is a blessing to everyone.

[flvegan]

4. "I don't stop for dogs".

I don't think I need to chime in.

I'm sorry that your dog was killed by a cruel assclown deserving of a sound beating. I wish I lived in your zip code.

Those that willingly run over and kill an animal are suspicious to say the least.

[MADem]

5. I say SUE the bastard. Make his life miserable.

And if you can put in a speed bump without too much difficulty, do that, too.

[villager]

6. You mean this putzwad hit your dog and *didn't stop?*

What the hell is that? Isn't that against the law?

God, I'm sorry for you loss, but I'm dumbfounded you don't know who did it -- since that indicates a "hit and run."

and if it's a hit-and-run, you need to tell your neighbor what their "friend" did...

[Tumbulu]

11. Thanks everyone for the sympathy

He stopped after he killed her (that's how I heard the horrible line) . I was screaming and crying and wailing and in total shock. I did not get his name as all I could do was scream. I just screamed and screamed and screamed at him until he went away. Then I picked her up off the road and carried her back into my yard and buried her.

I should be able to get the guys name from my neighbor. But for those of you who live in a rural area neighbors are a very big deal. This neighbor shares my well and my road.

I spend the whole first week thinking that it was my fault. Now, your posts are helping me.

Thanks

[shireen]

8. my condolences on the loss of your buddy

Dogs are a source of great love, friendship, and joy -- I am so sorry to hear of your loss.

You should discuss this with your neighbors. They may not be aware that the people visiting their home are not driving safely. If they're good neighbors, they'll do the right thing and tell you the name of the person who killed your sheepdog. If they don't cooperate, you'll know what kind of people they are.

Putting up the signs is an excellent idea, but can it be legally enforced? Talk to your local sheriff or a lawyer about your rights in determining traffic requirements for that road. That way, if someone breaks the law and you get the license plate #, you may be able to take action against the offender.

There's a special place in hell for people who "don't stop for dogs". What a sick cruel jerk....

[Sarah Ibarruri]

9. I'm so sorry you had to go through this.

I would've reported what happened to the police. I don't know if it's too late. It sure won't bring back your little dog. Also, the cops might say you were at fault for your doggie running loose.

[nashville_brook]

10. i am very sorry for your loss -- i think there might be provable commercial value

of the lost dog. that's how you'd take the case to court.

you're already in a fight with your neighbor. it will either resolve or not. by pursuing the commercial value of the lost farm animal, you'd at least be giving the neighbor a chance to "make good."

no one can replace your beloved family member. but, pursuing some sort of replacement value might help in creating "closure" so that you can continue to live in peace with the neighbors.

[AngMic]

13. My heart aches for your loss

I am sorry to hear of the loss of your lovely dog. Please check out the laws in your area. In many states it is mandatory to stop and notify the police when you hit an animal with your car. You should also investigate the possibility of getting compensation for the lose of a valuable trained animal just like he would be liable if he stole or damaged your tractor.

[comradebillyboy]

14. my sympathy as a dog lover

my advice as an SOB, find out who the driver was and fire bomb the fucker's house about 3am, Don't leave evidence linking you to the crime. My dogs are my babies and if some one hurts them, pay back will be hell. No I am not a pacifist; if someone fucks with me or mine, I will go medieval on their sorry asses.

[newfie11]

15. the guy is an ass

However there is no shortage of asses. I am so sorry this happened. I guess because she ran out in the road I would think the judge would rule against you. If the truck was on your property and ran over your dog then it would be different. Having been in a lawsuit for the last 5 years and it is now with the SD supreme court I would discourage suing. Mine is over an easement not an animal and we don't live there anymore. My driveway now is one mile long off a dirt road. I do have a large yard fenced for our dogs. They are allowed out of the yard only with us and when there are no tractors running.
We have tractors running around in growing season and even with our Newfoundland dogs being large it is easy to miss seeing them.

[Tumbulu]

18. the truck was on my property

I am also quite averse to legal actions, but there have been good suggestions posted and I am so very grateful for all the sympathy.

My practical goal for the present is to make sure that I protect the next dog(s) in my life better than I did this one as jerks are all over the place, even on my out of the way road right in front of my tractor and barn.

If I do not deal with my neighbor and try to get some sort of compensation then it could happen again. The yarn around my house is 1/2 an acre in size and is completely fenced. I never let my dog(s) run free (my older ones died of old age) on my farm. When out they were with me.

Thank you everyone for helping me.

[LWolf]

16. My family once lived with an easement like that.

There was a gate (and a cattle guard) at the main road that anyone coming down the easement road through the property had to open. The road led past pastures, house, and barn to the neighbor's gate at the back of the property. The neighbor's property dead-ended in a little canyon.

The family dogs (australian shepherds) ran loose inside the property. There were signs like you've posted as well.

I think it's a good thing that you've posted signs. Could you also put up a gate?

On a personal note, I think you SHOULD be compensated for the dog. That might motivate that particular driver, and any other visitors that hear about it, to slow down more than the gate and signs.

[hippywife]

17. It sounds like the dirt road

that runs to your house and then to your neighbor's is actually your driveway. Who developed the road and who maintains it? If it was/is you, it should be considered your driveway, your property, not a public road. Your dog is allowed to run free on your own property. If that is so, I say, yes...get the guys name and insurance company information and file a claim with his auto insurer.

So sorry for the loss and the pain associated with it. Training a sheepdog isn't always easy and we always fall in love with our animals.

P.S. I have no personal experience and am not an attorney. Just trying to apply some logic to this situation. My sister has had to deal with easement issues with a neighbor on the driveway issue, tho, and it's not fun. And yes, she did eventually install speed bumps.

[Wcross]

19. Speed bumps.

If the easement runs through your property you have every right to install speed bumps on the road. Your neighbor may not like it but it is due to his friends negligence. I should also sue the guy who hit your dog. I would love to see what a judge would say about his "I don't stop for dogs" comment.

I am sorry for your loss, I commend you for not assaulting the idiot. I would have a difficult time controlling myself if the FIRST words out of his mouth weren't an apology.

[newfie11]

20. I can tell you about easement

law in SD but it may not apply to your state.
The person whose land the easement runs across cannot block passage to the easement holder. The easement holder has the right to improve the easement as long as it does not injure the property value of the land owner.
So I would think you, as the land owner, would be in your right to put in speed bumps or install a gate that is not locked. Maybe you could try small claims court. Then you do not need a lawyer.

No matter how much you think you have a winning case the other person can fight it all the way up.
Ours involves an idiot big city neighbor that moved in the neighboring farm. He narrowed a gate to come onto the easement so much we could not make the v shape turn in with our stock trailer. This is the currant lawsuit that is now before the SD supreme court. It has so far in lawyer fees cost us over $12,000.00. And we don't even own that property anymore. If I had it to do over again, I wouldn't have sued.
Easements suck!!!!!!

[jody]

21. I own a farm with a passage easement. In general does that easement apply to the easement holder or

to the easement holder AND all guests?

[newfie11]

22. easement

I would get your easement out and read it. Ours read the easement was ours to include anyone coming to our place.
Easements are only as good as the printing on the paper. If something is not on there then it could be up to the courts to decide.

[achtung_circus]

23. Easements are generally about access

and who your neighbour chooses to grant access to is his business, although I feel for your loss.

[plantwomyn]

25. He is responsible for what they do to her property because of his access.

nt

[plantwomyn]

24. What state are you in?

In many states you must stop and try to aid an animal you hit BY LAW. Ask your local police. Either way FILE A POLICE REPORT. Your neighbor is financially responsible for anything that is done by those accessing your road to get to his house. Your dog was ON YOUR PROPERTY and was not required to be leashed. And neither do your children. Does he stop for children?
Put in a gate B4 the start of your property. Even without a lock this will SLOW DOWN anyone using your road. Even if he has easement rights you can gate it as long as he has access. Make sure it swings closed by itself, you can even make it open with a remote and put a call box for visitors so they can be buzzed in. This will slow down his visitors. Put your speed sign on it for all to see and if someone speeds call him and the police immediately. The squeaky wheel gets the grease. Make it easier for him to slow down than to deal with the constant "reminders". If he wants a remote, make him pay for it. If he wants to be able to buzz in his visitors he should pay half the price of installation and upkeep of that system too.
You should hold your neighbor financially responsible for your dog. Legally your dog is property and your neighbor owes you for the VALUE of your dog, especially if your dog was a working animal. Maybe he will "stop for dogs" if it costs him money. Get estimates form your breeder and at least one more and from trainers for the value. Give him the bill. If he doesn't pay take him to small claims court if your state limit covers it. It's cheap and you can represent yourself. Make sure you have all your ducks in a row B4 you give him the bill or file your claim. You can't go back later and add to you claim.
:hug:

[Tumbulu]

26. California

Thank you and everyone for such good advice.

I called my sheriff and they referred me to the Animal Control division. They said it was a civil matter and to put up slow down signs and speed limit signs, etc. They told me that the sheriff's office would not get involved.They suggested small claims court.

I wrote my neighbor (he is deaf) asking for the name of the person who ran over my dog. He has not responded.

The man who was helping me train my dog recommended two dogs at her level, both in the $1200-$1800 range. Not money that I have especially after spending all these years training her. But then another older sheepdog man who has become unable to walk despite two hip replacement surgeries wanted to find a good home for his 6 yr old and so I have taken him in as it is torture for a border collie not to be able to go for walks of do anything. We are getting to know each other and he is a very sweet dog and so something good is happening for me. He is at about the level my dog was, and the trainer is willing to help me with this guy as well.

I thank you and everyone for all of the advice. It has helped me to take action. I will have to decide what to do next. In the meantime I am taking care of all the things that I take care of , crying less and trying to help a middle aged dog adjust to a new life and family. He is asleep at my feet as I type.

[shenmue]

27. That's awful

:cry:

What kind of a cruel idiot doesn't stop for dogs? He should do jail time for cruelty to animals.

[Andreshunter77]

28. You should sue

speeding is against the law.

[lepus]

29. I like dogs as much as the next person

but you are not going to like my reply.

In most states, you the owner are required to keep your dog under control at all times. By the fact that your dog tried to stop a truck while you were calling it means that the dog was not under your control.

The truck driver did stop, but in your own words you were screaming at him, it was likely prudent on his part to leave. Hit and run does not apply in this case because he did stop.

The owner of the property that has the passage easement is not responsible for the actions of his guests that cross the easement. The guests are responsible for their actions.

I would not recomend putting up speed bumps without consulting your neighbor. If he takes offence to them, he can sue to have them removed and you can be stuck with paying his lawyer fees, court costs, along with the cost of removing the speed bumps.

Good luck if you decide to sue, it is unlikely you will win.

To keep this from happening again, use field fence and fence off the easement if it against the property line. This will prevent your dogs and livestock from getting into the easement and may save you some grief later.

[plantwomyn]

30. this is what I got with just a little research about my easement problems.

http://www.westernlivingcenter.com/utilities/roads.htm
Why, you might ask, are we so adamant about the speed issue? Well there are several reasons:

one of the neighbor's dogs was hit by a speeding car and it cost $1700 to get it's pelvis screwed back together.

one of their (same neighbor) exotic pheasants they raised to simply add a new "wonder" to the neighborhood for everyone's enjoyment, was hit and killed

children play on their property with more abandon because they're in the country

homes that are close to the roads get filled with dust from speeding vehicles (if you can see dust behind you you're going too fast)

the road gravel used originally to lay down on many of these roads contains asbestos, a known carcinogen

cars speeding on dirt roads cause more road damage, and no one seems to be willing to help with the repairs

last but not least... it's just plain rude and selfish. It doesn't take into account why the people who have allowed the easement to cross their property, live in the country in the first place, and I can guarantee you, it's not to be harassed by people from the city who don't care!

Coming soon.... please check back for the attorney's version, but for now, here's what we know... or think we know. Always check with your own attorney before taking action, however.

If you have a road easement across your property, easement holders have a right to pass ONLY!

They cannot alter or "improve" the road without the property owners approval.

They cannot remove trees, shrubs or other vegetation along the road.

They cannot use the entire easement (it may be wider than the road itself to accommodate power, telephone lines, etc.) but must confine themselves to the road.

Speeders can lose their rights to pass via a restraining order. Document times of their passage, a description of the driver, the license number, and how and when you notify them they're in violation of the speed limit.

You can install speed bumps, ditches, gates, etc. to control speeders, along as the easement holders can still pass. If you install a gate, easement holders have to be able to pass through, but you can leave it closed and make them open it each time they pass.

You should post speed limit signs at every entrance to your private roads to cement your case.

If someone performs a repair or improvement on a private road, they can be held liable if that repair or improvement causes someone to get into an accident.

[newfie11]

31. I would check your states laws

In the state of South Dakota the owner of the easement (not the land owner but the easement owner) has the right to fix up the road. The easement owner can widen the road as long as the easement states a width for the easement. If the road is to narrow for ingress of equipment then the road maybe widened or if ditches are needed to maintain the road. If you have a deeded easement hopefully the rules of the easement are spelled out. The land owner who's property the easement runs over can also maintain the road if they choose or if the easement is stated that way. Different states may have different rules. I would be very careful proceeding until you have talked to a lawyer. The problem with easements are that many times they are loosely written and much is left out. In the good old days people just cussed their neighbor and went on but in todays world the courts have to try to decide what is right.
We are still waiting for the SD supreme court to make their decision on our easement case.

[lepus]

32. I would be very careful of the advice that you give.

Much case law on easements varies state to state. Get a lawyer before you do anything.

A big thing in these cases is reasonableness. Is a 5 mile an hour speed limit reasonable? You may think so but the person with the easement may not think so. What would the court think is reasonable? Hint, you do not get to add rules to an easement that is already established without very good reason.

Document stuff all you want, but remember that as long as the guy is staying on the easement he is within his rights defined by the easement. You are the one trying to change the rules. Remember, you bought the land knowing it had a preexisting easement.

Be careful about gating off the access to the easement. In my state, the owner of the easement can force you to remove the gate because it impedes his access, and can make you pay his court costs and lawyer fees.

Easements are a PITA, I will agree. We had one running for a while till we bought the landlocked area with the easement.

[gristd2]

33. incredible

I'm so sorry for your loss, and have felt the same thing in my time as a pet lover. At first it was depression, then self blame, then what..?

you've got to first stop blaming yourself, and channel that energy into something productive. What I did was start organizing with the PETA group in my area because they were doing a campaign to end animal homelessness through animal birth control. I know PETA gets a tough rap for some of their misdoings, but every organization has a few skeletons, and they are so enlightened in their rationality behind this campaign. though your circumstance is different, the idea that so many animals are wandering the streets of neighborhoods because of overpopulation, is such an issue. And the notion of saving another animal, though I couldn't save my own, is comforting.

http://www.peta.org/feat-abc_campaign.asp

Though this may not be your fight, try and find something to occupy your mind and get you productively fixing a problem in the world. It's so fulfilling

[Tumbulu]

34. Thank you, very good point

Well, you are right and I have been doing that. I have gathered signatures for a humane farming petition that the HSUS has got going in California. And I adopted a 6 year old border collie who was stuck in a kennel since his owner became disabled. Now my sheep are beginning to lamb and so I am quite busy with that.

And I have put up most of the signs and everyone (even PG&E) is driving slowly past my farmstead now.

My neighbor has pretended to not get the letter from me.

But I am trying to turn my energy into positive actions to make sure that it does not happen to another creature. And so I agree with you and thank you for the post.

[newfie11]

35. Well enjoy HSUS

I hope it doesn't backfire on you. You might want to educate yourself about HSUS and their good friends PETA.

[Tumbulu]

36. Thank you first of all for your very thorough and clear posts

I really appreciated reading them and they confirmed my gut feeling about not trying to take legal action as usually lawyers and the time preparing things for them or even small claims court costs more than the potential money to be gotten in a settlement.

By the way, I never let my dog out of my fenced yards unless I was with her, and up until a year ago she was always on a leash when outside the fenced yards. But I had thought that she had stopped with the cars- but apparently not when it was speeding. Plus the land is mine and my neighbor's easement allows him to use the road.

The sheriff recommended speed limit signs, which I have almost finished putting up.

Now about this petition gathering. It was to get on the ballot a proposition for the next general election a bill to outlaw the tiny pens for pregnant sows, veal calves and battery hens in California. I have read Temple Grandin's books and I even got to hear her speak a little over a year ago and she encouraged everyone to do their best to try to put an end to these practices as they make it harder for all of the responsible farmers (this was a farming conference that she spoke at) to compete. Plus it is outright cruel. She has spent her life trying to eliminate torturous slaughterhouse deaths and she inspired me tremendously.

This is what the petition was about in California. The tiny pens. I don't know if enough signatures were gathered but in California all of the professional vet organizations that I was familiar with were supporting it.

I have a friend who started the first organic dairy in California and he takes such very good care of his cows. I work hard to take good care of my sheep. I have many neighbors who raise cattle, pigs, sheep and goats. None of us shuts animals up in tiny cages or pens. I think that this is wrong and thus I worked on this petition drive.

So, I am not sure what in particular you find worrisome, but I wanted to explain it to you as I appreciate the time you gave to me writing and posting so clearly while I was in the worst of my grieving.

Thanks again.

[Sequoia]

38. I'm so sorry.

Run over him and say, "I don't stop for dog killers". Seriously though, sue him.

[tularetom]

39. Yesterday my daughter in law smooshed her cat in her driveway

It's been pretty hot here (like 100) and the kitty went under the car to get out of the sun. She backed over him on her way out of the drive.

We live on a county road that has maybe 50 cars per day on it. We have one neighbor about 1/4 mile from our house and the next homes are maybe 2-1/2 miles down the road. we've lost 2 dogs to speeders on the road (plus one that we think may have been killed by a mountain lion). It's always been a risk we've recognized but this is a road not a driveway like you described.

If your neighbor is a reasonable person I see nothing wrong with taking the matter up with him. And the asshole's response "I don't stop for dogs" tells me all I need to know about how I'd want to deal with him.

[WhiteTara]

40. Bill their insurance

Their auto insurance will pay. My neighbor ran over my dog and fractured his leg. Her insurance paid for the vet bills (which were huge. You may have to sue (in small claims court if it's not over $5000 it only costs about $30.)

[happyslug]

41. Sue the SOB, your demand is the of the dog AS TRAINED.

Document your price you paid for the dog, including any cost to pick her up, all vet bills, and your time training the dog. Your Dog was a very valuable piece of property, the dog's net worth may be $10,000 (Depending on how much you paid and your training, I use $10,000 as a guide NOT an actual price).

Remember in most states if you are involved in an Auto Accident and damages are awarded against you, you lose your license till the damages are paid (or discharged in Bankruptcy, but given your description of his truck, it exceeds the equity valve of $2000 exempted in Bankruptcy, through your state may have higher amounts, but I doubt it). Now a big exception exist if he has insurance, but his insurance rates will go up do to being in an at fault accident. Go to your local Justice of the Peace (OR what the JPs are called in your area) and file a lawsuit. The worse that can happen is you lose whatever is the filing fee, but you would have exercised the SOB.

[zonkers]

42. Not your fault. Guys an asshole. Forget it. Fighting for the cash will just

make you relive the sadness. Go for the closure. Post those signs.

[Dont_Bogart_the_Pretzel]

43. What a jerk!

:cry:


So sorry for your loss. I know your family/friend/helper will never be replaced.



I know what you are feeling, you see, when I was a young boy, I used to live on a dirt and had I had a dog. Happened the same way, except didn't catch who did it. Hurts A LOT.....

Typing about this 35+ years later brings brings up memories, all I can do is dig deep in back of my brain and think about the happy times we had.