Who Is at Fault If My Dog Gets Hit by a Car - MO Law

When a dog is hit by a car, it can be very serious and often deadly for the dog. Families are often heartbroken to see their family member injured, and if they see the dog car accident occur, it can be mentally traumatic. Vet bills are often thousands of dollars if the dog survives the accident, and the animal's owner may wonder -- "who is at fault if my dog gets hit by a car?"

Unfortunately, the answer isn't always black and white. Determining liability in these cases depends on looking at a mix of state traffic laws, animal control ordinances, and the details of the case. In Missouri, both owners of domestic animals and drivers have legal responsibilities. Typically, the driver is found to be liable for hitting the dog, or the owner is held liable because they allowed their dog to run loose. It's also possible that both the dog's owner and the driver are both found liable. It all depends on evidence.

Powell Law Firm is a law firm in St. Louis that helps Missouri residents figure out whether they have a case. Dogs, cats, cattle, sheep, and other such animals are considered to be personal property, so oftentimes, both personal injury and property damage laws are both considered in these cases. They can also explain who is at fault in a bicycle accident MO.

Understanding Missouri’s Animal and Traffic Laws

In Missouri, since dogs are considered to be personal property, it's possible to pursue compensation under property damage law. This means that when a dog is injured or killed by a motor vehicle due to the driver's actions, the case is treated like a property damage case. Though, of course, the family who owns the dog will go through emotional distress and financial loss, which can be significant.

There are several laws that govern animal control and vehicle/traffic safety. These are both at the state level and through local ordinances. These will play a major role in determining who is liable in these situations.

Leash Laws and the “At-Large” Doctrine

Missouri does have general animal statues like RSMo § 578.005, which prohibits pets from running at large in many municipalities, but not all. Mostly, these laws apply in urban and suburban areas, including St. Louis and St. Charles. Local laws often require the following:

• When off the owner's property, the dog must be on a leash

• If a home has a yard where the dog is allowed to roam freely, the yard must be fenced

• Dogs must be under the control of the owner at all times.

If the owner allows their dog to roam off leash, including if the dog gets out of the house or yard without the owner's knowledge, the dog may be considered to be "at large." If, while the dog is at large, they are hit by a car, the owner of the dog may be partially or fully response under state law. There are other reasons, however, that a dog owner can be held responsible, too, which will be explained, below.

Driver Duty of Care

Drivers also have a responsibility to operate their vehicle responsibly. This is especially true in a residential area, near parks, schools, or in other areas where pets are often present. If a driver is distracted, not following traffic laws, or not paying attention to the road, they can be considered negligent if they hit a dog. This is true even if the dog was not on a leash.

With both the owner of the dog, and the driver, possibly at fault, it can be very difficult to determine who is at fault; the person in the car or the person who owns the pet.

When the Dog Owner May Be at Fault

It's important to look a bit closer at when a dog owner might be at fault because these cases are very complicated. In many cases, the owner of the dog does have some level or responsibility when their pet is hit by a car. In fact, Missouri courts often state that pet owners are responsible for keeping their pet confined in these cases, which means they are often at least partially at fault in these cases.

Violating Leash or Containment Laws

One of the most common factors that lead to liability in the case of the owner is that they violate leash or containment laws. For instance, in St. Louis, a pet owner is required to keep their dog leashed or confined when outdoors, even on their property, and when they are in public, like walking on a public road or playing in a public park, they must be under direct control of the dog.

Failure to do this may cause the owner to be found primarily at fault, especially if the driver was obeying all traffic laws.

Negligent Property Management

If the dog escapes from the owner's yard due to a broken fence or an open gate, the owner might be considered negligent. If the case goes to court, the judge often will asses whether or not the owner took reasonable precautions to prevent their dog from leaving the property. Insurance adjusters will often interview witnesses, including neighbors, to determine if the owner accidentally allowed this to happen or if its a constant issues, i.e. the dog gets out all of the time. Owner liability is almost always applied in these cases, as they show a history of being irresponsible.

Contributory Negligence by the Owner

Even if the driver of the vehicle was partially at fault in the collision, i.e. they were speeding or texting behind the wheel, the owner may also be found to be responsible, too, if they did not restrain their pet. In this case, Missouri courts will find out if the dog was under the owner's control, if local animal control ordinances were followed, and if the owner acted reasonably to prevent the collision from happening. If both the driver and the pet's owner share fault, the state's comparative fault rule will apply, which is explained, below.

When the Driver May Be at Fault

Though pet owners do have a duty to control their pets under Missouri law, a vehicle driver is not automatically off the hook just because they hit a dog that ran into the road. The state requires motorists to operate their vehicles with "reasonable care," especially in areas where there are other vehicles, animals, or children present. The driver may also be found to be at fault in the following situations:

Speeding or Distracted Driving

A driver may be found to be at fault if:

• The driver was speeding

• They hit a dog because they were texting or using a phone

• A dog runs into the road, and they failed to brake or swerve when they could reasonably have done so

If it can be proven that the driver had a clear view of the dog, and that they had enough time to react, but they failed to do so, the court might assign some or all of the responsibility to the driver.

Driving in Residential or Park Areas

There are certain areas where a driver has a higher duty of caution in the state of Missouri. These include:

• School zones

• Neighborhoods with heavy foot traffic

• Areas near dog parks or open fields

If a driver hits a dog in one of these areas while they were speeding or ignoring their surroundings, they could be found to be liable for the death or injury of the animal.

Fleeing the Scene

Though Missouri doesn't have a specific law that requires a driver to stop and render aid after hitting a dog, leaving the scene without making the effort to notify the dog's owner or contacting police may be seen as poor behavior, especially in the case of a civil lawsuit. It may also be seen as evidence in these cases, as the driver could be seen as reckless.

Shared Fault: Missouri’s Comparative Negligence Rule

Since both the driver and the pet owner can be seen as liable in these cases, Missouri's pure comparative negligence doctrine often comes into play. This is when more than one party can share liability and the damages are awarded based on the percentage of fault.

Here's an example:

If the court finds that the dog owner was 60% at fault and the driver of the vehicle was 40% at fault, the award to the owner would be reduced by 60%. In this case, after filing an insurance claim, the dog owner is awarded $10,000, they would be able to recover $4,000.

This rule applies to all personal injury and property damage claims in the state.

Civil Damages and Legal Remedies

There are other ways that a dog's owner can sue a driver if their dog was hit. For instance, they can pursue compensation known as civil compensation if the driver was found to be at fault. Some of the damages that a dog owner can recover include:

• Veterinary bills (emergency treatment, surgeries, medication)

• Euthanasia costs (if the dog must be put down)

• Replacement value of the dog (breed, training, purchase price)

• Loss of companionship (rarely recoverable but may be claimed in specific cases)

Since Missouri classifies pets as personal property, emotional distress damages are not usually awarded — but exceptions may be argued in cases involving intentional cruelty or gross negligence.

Small Claims vs. Full Lawsuit

• Claims under $5,000 may be pursued in Missouri small claims court.

• Larger or more complex cases should be filed as civil suits in state court.

• A lawyer can help assess the most appropriate venue based on the facts.

Insurance Issues

• A driver’s auto insurance collision coverage may cover damage caused by hitting an animal.

• A pet owner’s homeowner’s insurance may apply if a lawsuit is filed against them by the driver.

• Disputes with insurers over liability and coverage are common, especially if there is substantial damage, and legal counsel is often needed to navigate them.

Challenges in Proving Fault in a Dog Car Accident

Determining who was responsible for the accident requires clear evidence, which is not always available. Common challenges include:

• Lack of witnesses to confirm where the dog came from

• No video footage or surveillance

• Conflicting statements from the owner and the driver

• Unclear municipal boundaries and differing local leash laws

Documenting the incident thoroughly — with photos, medical records, and any eyewitness accounts — is essential to building a strong case. For more information, these personal injury lawyers in St Louis may be able help.

How Powell Law Firm Can Help Pet Owners

Dealing with the aftermath of a pet’s injury or death is emotionally draining — and trying to resolve legal and insurance questions on your own can be overwhelming. That’s where an experienced attorney comes in. They can advise on who is at fault in a backing up accident MO as well.

Powell Law Firm provides:

• A thorough investigation of the accident

• Identification of relevant city ordinances and state statutes

• Negotiation with insurance companies

• Clear documentation of all financial losses

• Aggressive representation in court, if needed

Powell Law Firm understands that pets are more than property — they’re family. They approach every case with compassion and legal precision, fighting for accountability when negligence has caused harm.

When a dog is hit by a car in Missouri, liability is not always black and white. Determining fault requires an in-depth look at traffic laws, leash ordinances, and the actions of both the driver and the pet owner. In some cases, both may share responsibility — and Missouri’s comparative negligence laws allow for that complexity.

If a dog has been struck by a vehicle, owners should not assume they don't have any recourse. They may be entitled to recover veterinary bills, the value of the pet, or other damages depending on the circumstances.

It's best, in these cases, to speak to a lawyer for advice. Contact Powell Law Firm in St. Louis today for a free consultation. The legal team is there to help pet owners understand their rights and pursue the justice they and their pet deserve. Call now.