A Secured Pet Means More Freedom For You -- From Lawsuits

If you like to drive around with your pet in the car -- especially an unsecured pet -- you may want to change your ways quickly. If your pet somehow causes an accident, you could be held responsible. And while the financial aspect of this is scary enough, the emotional aspect, involving injuries and possibly deaths, is even worse. Here's a look at the what and the why of pets, car accidents, and liability.

Negligence

While there's no guarantee that you won't be sued by someone if your pet causes an accident despite your best efforts, the risk definitely increases if you haven't made your best effort. If a lawyer can prove that you were negligent when handling your pet, chances are you will have to pay damages for the accident.

In terms of having a pet in a car, negligence would include things like ignoring laws that demand a pet be secured, or letting a pet ride unsecured when you knew the pet's behavior could be unpredictable. Note that you can be found negligent no matter what the law says; in other words, if your state allows pets to be in the car and unsecured (as an example, Miami-Dade County Animal Services says this is fine in that region), and your dog suddenly jumps on you and the steering wheel, sending your car into another car, you could still be considered negligent for not ensuring that your dog wouldn't interfere with your driving.

No Previous History

Courts do look at the pet's general behavior when deciding whether the owner should be held liable due to negligence. As an example (not quite an exact one, as these dogs were not in cars; however, they show how courts take behavior into account), Nolo.com compares a couple of cases in which a dog that was loose in a yard ran at a vehicle and caused an accident. In one case, the dog's owner was found negligent. However, in the other case, the owner was not found negligent because the "dog did not have a history of chasing vehicles."

If the worst has happened, and your pet has caused an accident due to its behavior in your car or by jumping out of your car, talk to a car accident lawyer. While most people think the only cases car accident lawyers handle are prosecutions, some do handle defenses. You'll need a good lawyer to help you navigate the case. Click here for more info.

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