Auto Insurance Claims: My dog was hit by a speeding car, dog liability

Question
Hello,
I live on a dead end street in Albany, California. I spoke with Albany police and there is no leash law. I was out front of our house getting into my car with my two dogs. As I was putting the first one in I could hear a speeding car coming down the hill so I directed my attention to making sure my other dog was safe. I waved her down to slow down and yelled at him to stay but she was coming around a blind corner so she did not see my Boston terrier and she ran over his foot and gave him a concussion. He had surgery and is now recovering. We have this all on camera in multiple views from our next door neighbor's surveillance cameras. It is obvious that she is speeding when you also watch other cars before or after the accident abiding to the speed limit in comparison. I am obviously wondering what her responsibility is in helping with the vet bills, which have totaled to $3000 not including re-checks. I believe my next step is small claims court because she is not offering to help in anyway at this point but I would like other opinions. Thank you.

Madeline

Answer
You are dead on.  You will likely have to go to small claims court, but I think if your evidence is as strong as you say, then there is surely some negligence on the part of the speeding driver.  In general, a domestic animal that is running free is at fault for damages to vehicles that may run over the animal as the car has the right of way, but in all instances, it is negligence that determines fault.  You could be found partially negligent for not keeping your dog out of the roadway, but if the other party was speeding and not acting responsibly, and you can prove it, you have a good case.

I hope this helps.