Expert: Stephen Vantassel - 5/30/2006

Question
My dog was ran over in my yard by a propane truck backing up.  i yelled for the man to stop and 2 seconds later my dogs head was going under the tire.  the dog ran off and i ran off after him but couldnt keep up so we found him later.  the dog had no scalp.  it literally split his wig.  i am thinking that the skin folded over.  he is in surgery at this second so i am not sure of his status.  the driver and company said he is not responsible and my dogs should have been on a leach in my own yard....(5 acre) tract.  the driver had an assistant with him at the time.  isnt the assistant supposed to be helping back up the vehicle?  is he liable?  

Answer
Ultimately this is a question for a lawyer. Questions you have to find out is whether there is a leash law in your community.  Second, what laws regarding vehicles and dogs are there. For example, is there a difference between liability of hitting a dog in the street versus hitting a dog on a driveway? Or are they the same.

As for the driver and his assistant, you will have to check Dept. of Transportation regulations for that vehicle type. I  suspect they can be found on the federal governement site. My hunch is that the driver is usually alone and therefore not required to have someone back him up.

The other side of the coin is these trucks are not small. Normally animals shy away from them as soon as they start up (their loud, which is also why the driver wouldn't have heard you). Why didn't your dog move? Maybe legally you don't have to ask that question, but you will need to consider it in case you do.
Otherwise, you may have to talk to a lawyer or consider small claims court.  I would write the full story down now in as much detail as possible before elements of the event become blurred through time.