Off the bike for a while.

"Buck" wrote: (clip) Since he hasn't broken any laws per se, I'm wondering
if it's even worth pursuing....
^^^^^^^^^^^^^^^^^
That's a real bummer. I hope you heal quickly and nothing more serious
surfaces. The fact that the dog owner evidently didn't break any laws is
relevant to the law enforcement aspect. The fact that his dog caused you to
crash because of his negligence is relevant to his liability. He owes you a
bike and medical expenses, at least. Whether you choose to pursue it is up
to you, and it may not be worth it, considering what you know about his
financial situation. But I really think he needs to control his dog, and
this is your chance to put him through the wringer and teach him a lesson.

Maybe his dog learned a lesson, at least.

Talk to your insurance agent. The insurance company may be interested
in recouping their expenses (i.e. your medical expenses). Perhaps you
could make it a joint venture.

Here's a really perverse thought: are you at risk for being sued for
damage done to the dog?

Jeff

Quoted message said:

Talk to your insurance agent. The insurance company may be interested
in recouping their expenses (i.e. your medical expenses). Perhaps you
could make it a joint venture.

Here's a really perverse thought: are you at risk for being sued for
damage done to the dog?

Jeff

Can those thoughts and sue the SOB for letting a biting dog run loose. I
got bit 3 months (at least) ago and still have a scar on my leg from his
main fang. The owner was a typical country redneck so when the sheriff
and animal control both showed up he loaded the dog in his pickup and
said "It's about time I took this 'Stray' down to the pound". The animal
control woman told him to stop and he would do it but he just punched
it, and the cop had already left. His dog but no license or rabies
shots, both required here. He knew I would sue him after being bitten
but made his dog pay the price instead. He had the dog out with him on a
bike to go down to the community boxes and get the mail. Then it
followed him home. Some 'stray'. The kicker was that he dared me to do
something about it while riding off and I did catch him on foot. I was
real tempted to just kick his ass then and there but me being in jail
didn't seem like a fair trade off. I can't sue him either because there
was never any record of him being the owner, except for a dozen
witnesses who hate him, the neighborhood's biggest jerk. Seriously, I am
thinking of carrying a long, pointy screwdriver or a barely legal knife
and turning the tables on the next dog. Now I just stop and get off so I
can use the bike as a shield if I need to. Most dogs stop barking and
eventually come up to get a petting, a few don't.
Too many loose mutts out there.
Bill

Get your insurance to sue the [censored] outta this guy. If you have a gun,
stop by and shoot his dog. This isn't a case of ole Rover getting out
and having a play, sounds like a problem dog. Shoot the dog after you
settle the insurance. Alternately rearrange his facial features with a
Zefal pump.

I have a couple of my own and love them, but each and every one of my
recent rides has been ruined by either roaming or feral dogs. My local
health department has 2 dog catchers for 1,000,000 residents. They're
incapable of doing anything. I say just let us shoot them if they're
part of a hostile pack. I can't ride by the river any more for fear of
being chased by packs consisting of a dozen or two 75#+ dogs. Might be
time to get a .22 pistol and a carry permit. I'm not talking about
killing a family pet, I'm talking about defending oneself from wild
animals that would gladly eat you if they could take you down.

Consider something like this:

http://www.duluthtrading.com/search/searchresults/18TK.aspx

Same shape/size as a tire pump so it would be easy to install on the
downtube. It's light, stealthy. You can scare just about any dog (or
[censored]) with it.

And hey... it's organic, recycleable or... you can paint it to match
your ride.

Will (been there)

The only problem I see with it is that I really don't want a hostile
dog (especially a big one - I can put up with, say, a Chihuahua)
getting within 18" of me. I prefer landotter's approach.

What I really prefer is responsible owner's who do not let their dogs
roam free. But personal responsibility is not currently a politically
correct concept. Bummer.

Jeff

Quoted message said:

The only problem I see with it is that I really don't want a hostile
dog (especially a big one - I can put up with, say, a Chihuahua)
getting within 18" of me. I prefer landotter's approach.

Except you can't realistically use a gun. It doesn't deter the animal.
So you might actually have to shoot it. That result is never good. Your
ride is gonzo, you may have to explain things to the police, who will
think you are a wingnut. Etc.

The dog understands the stick. It is amazing. The connection is
hard-wired.

landotter said:

Get your insurance to sue the [censored] outta this guy. If you have a gun,
stop by and shoot his dog. This isn't a case of ole Rover getting out
and having a play, sounds like a problem dog. Shoot the dog after you
settle the insurance. Alternately rearrange his facial features with a
Zefal pump.

Unfortunately, none of my insurance policies cover this. About the best
we could do is have my health insurance sue for reimbursement of
expenses. And that choice is theirs to make.

I warned the owner that I might have to shoot his dog the last time I
confronted him about it. He threatened to shoot me if I so much as
pepper-sprayed the dog again. The deputy that I spoke with that evening
told me that HE would shoot the dog if it were not restrained. As soon
as I get in touch with him again, I plan to call him on his word.

I doubt the dog will be dumb enough to chase me again. If internal
injuries didn't kill him, I'm sure he was wounded badly enough to learn
his lesson. I'll know for sure when I get back on the bike - provided
the deputy hasn't shot the mutt.

-Buck

Bill, you CAN sue in small claims court. You bring witnesses and they
testify. It's fairly cheap and the Justice of the Peace can use his own
judgment as to the reliability of the witnesses and evidence.

Pat in TX

Sue him in small claims court. If you missed work, you could sue for
reimbursement for that. Sue for the cost of replacing the bike, not for the
cost of the bike 10 years ago. Sue for pain and the medical bills. You have
deductibles, right? Get those reimbursed. The Justice of the Peace who rules
the small claims court has a lot of leeway to make decisions. It's not
expensive. I think I paid $40 for filing fees plus $11 apiece for subpoenas
for my witnesses. The policemen can come and testify as to the dog owner's
attitude. The Justice of the Peace can and will take the guy's demeanor into
account.

Pat in TX

"Pat in TX" wrote: Sue him in small claims court. (clip)
^^^^^^^^^^^^^^^^^
What you say is all true, but good luck trying to collect from trailer trash
with an attitude. [I got my law degree from sitting on the couch in front
of the TV, so maybe you know better than I do. :-)]

Quoted message said:

The only problem I see with it is that I really don't want a hostile
dog (especially a big one - I can put up with, say, a Chihuahua)
getting within 18" of me. I prefer landotter's approach.

What I really prefer is responsible owner's who do not let their dogs
roam free. But personal responsibility is not currently a politically
correct concept. Bummer.

Jeff

Carry a baseball bat or something. I got bit 3 months+ ago and still
have a scar where his canine went in. You would need something like
those rifle holsters the cowboys had on their horses. Maybe you could
carry a long screwdriver but you would have to get off the bike and be
ready for hand to dog combat. Considering I have a permanent scar and
the dog's owner got off scott free I no longer try to out ride the dog
but get off and get ready. The next dog that gets that aggressive with
me gets to play dead, permanently.
Politically correct does not help a bloody dog bite.
Bill Baka

Pat in TX said:

Sue him in small claims court.

That's the plan so far. I haven't been able to get down to the
courthouse to pick up the police report or get the paperwork.

The swelling in my hand hasn't gone down and the pain is still there.
I'm heading back to the doctor tomorrow.

In the mean time, I created a Flickr account so I could post some
photos of the wreck.

http://www.flickr.com/photos/bicyclebuck/

Enjoy!

-Buck

Buck said:

Pat in TX said:

Sue him in small claims court.

That's the plan so far. I haven't been able to get down to the
courthouse to pick up the police report or get the paperwork.

The swelling in my hand hasn't gone down and the pain is still there.
I'm heading back to the doctor tomorrow.

In the mean time, I created a Flickr account so I could post some
photos of the wreck.

http://www.flickr.com/photos/bicyclebuck/

Enjoy!

-Buck

Wow.
Did the dog at least get a few broken ribs? Judging by the bike and the
impact damage the dog must have been hurting.

Side note.
I once saw a dog take down a motorcycle the same way on a 25 MPH
residential street, but this time the dog got killed. The rider wrecked
pretty badly too since the impact threw him and the motorcycle into the
rear of a car. He did manage to walk away, but the bike was killed.

Dogs just aren't too bright.

Bill

Bill Baka said:

Dogs just aren't too bright.

Which might be why showing them a gun won't work...

Bill Baka said:

Side note.
I once saw a dog take down a motorcycle the same way on a 25 MPH
residential street, but this time the dog got killed. The rider wrecked
pretty badly too since the impact threw him and the motorcycle into the
rear of a car. He did manage to walk away, but the bike was killed.

Dogs just aren't too bright.

They are hardwired to chase. I took one out with my Suzuki years ago.
He had his head down and was charging for the kill. I had no space or
time to stop, so opened the throttle. The highway bars got him-One
was bent, but I and the bike were fine. The dog was dead.
As a teenager, we had a person around the corner who used to amuse
himself by siccing his collie on us when we rode our bicycles. Same
socioeconomic strata as the initial poster encountered.
While I do love animals and have cats and dogs, assuming they do not
try to kill me, I AM a chemist, and was always very good at it.
'Nuff said regarding the collie. It was merciful.
Actually, a local cop discretely suggested I "Leave him some meat".

Bill Baka said:

Wow.
Did the dog at least get a few broken ribs? Judging by the bike and the
impact damage the dog must have been hurting.

I was giving that dog a piece of my mind from the time I spotted him
until I picked myself up off the pavement. The last I saw him, he was
running hard for home with his tail between his legs.

I'm hoping that I killed him - at first it was out of anger, but now
out of sympathy. There's no reason to let a dog suffer and I doubt his
"owner" will be taking him to the vet.

Speaking of suffering, I went to my doctor today and he ordered more
x-rays. One or more of my floating ribs are broken. It's hard to tell
unless it is broken so badly that it is in multiple pieces. Also, the
fourth metacarpal of my left hand is broken near the wrist. I was given
the choice of a cast or a splint. So, I am now wearing a nifty splint
and have instructions to not use or put weight on my left hand for the
next four to six weeks. My wife has already threatened to take me back
and have a cast put on if she catches me trying to use it.

I guess I get to focus on the legal aspects of this mess and finding a
replacement for my broken bike.

Things could be worse!

-Buck

Hmm, maybe if it was your dog?

Quoted message said:

Things could be worse!

-Buck

Will said:

Bill Baka said:

Dogs just aren't too bright.

Which might be why showing them a gun won't work...

It does if you shoot them. I would have if I actually carried a gun.
This is because I often take my grandchildren on the same route and one
of them could have been seriously mauled. Better to eliminate the threat.
Bill