Who's liable for a car accident caused by stray dogs crossing the highway

According to incomplete statistics, the number of stray dogs in China had reached over 40 million in 2015 and had grown at almost 1.3 times the annual rate. If this rate of growth had not slowed, the number of stray dogs now would have been at least hundreds of millions.

According to incomplete statistics, the number of stray dogs in China had reached over 40 million in 2015 and had grown at almost 1.3 times the annual rate. If this rate of growth had not slowed, the number of stray dogs now would have been at least hundreds of millions.

But stray dogs themselves are already domesticated by human beings and no longer have the capability to hunt and survive in the wild, and even if abandoned they will not return to the mountain forest, they will remain in the cities, bringing many dangers to human life.

On the one hand, between 5 and October of each year, as animals tend to become grumpy in high-temperature environments, the incidence of stray dog injuries can be described as widespread, with no fewer people dying of rabies as a result of stray dog bites.

But what is most troubling is that the space for human survival is being squeezed by an unlimited expansion of numbers, which in itself is narrower, and that the presence of stray dogs is taking the same risk as a few crossings, often resulting in traffic accidents.

Who's liable for a car accident caused by stray dogs crossing the highway

Case sharing 1:

On 28 October 2016, Rin, driving a Sbaru Land Cruiser in the direction of Huanzhou, when passing through the high-speed red lion section on the top channel of the festival, had a stray dog in a normal picture, one of the unattractive trees had a sense of direction.

As a result, the rain slid, the forest car hit the right and right fences and the bridge concrete fences, parked in the driveway, the right front wheel fell off the left side of the driveway, then found the tires on the side of OdiA6, and stopped in the left side lane with a decisive and urgent brake.

But at this point, behind one of the Odyssey A6s, driving a Mercedes E level, although it was also urgent to brake, but because it was too close to chasing one of the Odyssey A6s, the traffic was interrupted one time and the owners lost hundreds of thousands.

Case sharing 2:

On 16 August 2021, a taxi driver, Ms. Pang, carrying a passenger Ms. Yin, drove from south to north on the highway, as usual, and suddenly a dog crossed across, and Mr. Pan was horrified by his cold sweat and was in a rush to make an emergency brake.

It is not surprising that a large passenger car is being driven by Dou-yu, who, as a result of an emergency brake by Pan, was unable to escape, led to a follow-up taxi, followed by a traffic accident and injured Ms. Yoon, a passenger on board.

After the accident, Ban found that the dog was a stray dog, involved a large number of people and points, paid for Ms. Yoon ' s medical expenses, lost work and transportation costs, and did not know who to make up for them.

Then who is responsible for the accident caused by stray dogs crossing the highway?

Responsible persons:

1. Former feeder and former manager: While many people believe that stray dogs do not have owners, there are other special cases in which stray dogs carry dog identification and owner ' s badges, so that the owner, despite abandoning them, is still responsible for all the accidents caused by stray dogs.

It is based on article 1249 of the Civil Code of the People ' s Republic of China, which provides that any abandoned or escaped animal who causes damage to another during abandonment or flight shall be held responsible for the violation by the original animal breeder or manager.

2. Feeders of stray dogs: Many people find it implausible and unacceptable, but it is legally understood that if a person feeds, manages or grants residence to a stray animal for a long period of time, it already constitutes a breeding relationship, a de facto adoption and an identity as a breeder.

Thus, under article 1245 of the Civil Code of the People ' s Republic of China, animal breeders or managers who cause damage to others are held responsible for violations, so that those who feed stray dogs permanently are responsible for accidents caused by stray dogs.

3. Third person: As in case No. 2, Pan, who brought before the courts, without having found the owner of the stray dog, the bus company, the road company and the insurance company, are third persons, and if the third person involved is guilty, the third person is liable for the violation.

If these third persons are not guilty, and all of them are the cause of the stray dogs, and the owners of the stray dogs are indeed unable to find them, then they will have to bear their own losses.

Summary

While it is clear from the law who is responsible for the traffic accidents caused by stray dogs, the problem is real, and in order to avoid it, the root cause is that the dog-bearer should have a dog after careful consideration, and indeed it cannot be abandoned;

There is also a need for legislation to monitor the entire pet market, regulate the abandonment of pets, and limit the actions that can be taken by the authorities in the event of stray dogs.

Finally, when vehicles are on the highway and stray dogs are suddenly taken out, the driver should focus on the need not to immediately stop, not to move quickly to the right or to the left, and to act decisively to avoid small losses.

It means that, given the speed of the car and the inability to judge whether it is safe or not, it is impossible but also the best option to crash into a car that may happen later.