Just wondering / Drunk driver - The Horse Forum
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post #1 of 36 Old 10-03-2016, 01:00 PM Thread Starter
Foal
 
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Just wondering / Drunk driver

about a year ago my black racking horse gilding got out he went down the road where my Friend caught him he was going to put my gilding in his fence but *** he crossed the road a drunk driver swung around the curve almost hitting my friend and hitting the horse killing him the man did not stop but kept going .

was there any legal action me and my family could of taken? we loved that horse and where devastated. it was the first time he had ever escaped . i am just wondering becase the same man ran in to a pashter down the road from me where there where horses but no one was hurt

When you are at that point where you realize you have a problem.
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post #2 of 36 Old 10-03-2016, 01:29 PM
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I am not a lawyer, but grew up with my father's legal business, so take what I say with a grain of salt. I would consult a lawyer to see what the local laws about property damage entail, as they can greatly differ from place to place.

Did you file a police report when the horse was killed? How do you know it was the same man if he did a hit and run the first time?

Unfortunately, time is of the essence when dealing with legal matters. If you can prove that this man killed your horse (which, since there was presumably only one witness, may be next to impossible at this point), you could request his insurance information and file a claim for property damage. Livestock and pets are considered property under most jurisdictions. Sadly, a year is usually too long to wait to file for property damages.

If you can provide proof that this man killed your horse (police report), and proof of his value, as well as a receipt for euthanasia, vet bills, carcass disposal, backhoe rental, or any other costs you incurred, you can take it to a lawyer and see if you would still be able to take the man to civil/small claims court.

To give an honest opinion, unless the horse was valuable or you incurred significant costs (Over $1000+), taking the man to court may be more trouble than it is worth. Besides court costs, time away from your job and gas, suing someone can be expensive. You may get a judgement against him where the court orders him to pay, but you still have to get him to pay - which may involve retaining a lawyer, having a sheriff or process server serve him with notice of the judgement, and then having that lawyer assist with freezing his assets or otherwise.

Weigh the costs carefully against the potential gain, and definitely speak to a lawyer. Many will offer a free 30-minute consultation to look over your case.
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post #3 of 36 Old 10-03-2016, 01:58 PM Thread Starter
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Thanks

we know he was the same man because we did file a police report and my father knew the man from my grandmothers convince store.

I realize it is to late now i was just wondering and the horses price exceeded $1000. Plus he was my all of us grand kids first horse and one of a kind .

When you are at that point where you realize you have a problem.
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post #4 of 36 Old 10-03-2016, 02:33 PM
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No point worrying about it, if you are too late, then it does you no good to wonder about stuff.

Time to move on, your horse was out, you didn't move on it a year ago, it was sad but gone.

And just because it is bugging me you had a GELDING, not a gilding

“Never attribute to malice that which can be attributed to stupidity”
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post #5 of 36 Old 10-03-2016, 03:08 PM Thread Starter
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I was just asking a question simply because cant hurt to know in case i am ever faced with this situation again.
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When you are at that point where you realize you have a problem.
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post #6 of 36 Old 10-03-2016, 03:38 PM
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@Gold enhorse this is exactly why I refrain from asking all the questions I want to here. RUDENESS! Someone is simply asking a question and asking for opinions. Isn't that one of the reasons we are all here? Practicing kindness is free!
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post #7 of 36 Old 10-03-2016, 03:38 PM
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@Golden Horse this is exactly why I refrain from asking all the questions I want to here. RUDENESS! Someone is simply asking a question and asking for opinions. Isn't that one of the reasons we are all here? Practicing kindness is free!
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post #8 of 36 Old 10-03-2016, 04:39 PM
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Quote:
Originally Posted by Abzeez View Post
@Golden Horse this is exactly why I refrain from asking all the questions I want to here. RUDENESS! Someone is simply asking a question and asking for opinions. Isn't that one of the reasons we are all here? Practicing kindness is free!
100% agreed man!
empathy, kindness and learning : )
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post #9 of 36 Old 10-03-2016, 04:46 PM
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Quote:
Originally Posted by Abzeez View Post
@Golden Horse this is exactly why I refrain from asking all the questions I want to here. RUDENESS! Someone is simply asking a question and asking for opinions. Isn't that one of the reasons we are all here? Practicing kindness is free!

Who was being rude and how, please explain

“Never attribute to malice that which can be attributed to stupidity”
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post #10 of 36 Old 10-03-2016, 05:18 PM
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I'm not entirely sure I see the rudeness in Golden Horse's comment. It's true. I saw it as simply offering advice as to what to do now. Unfortunately, I believe it may be to late to do anything legally and the easiest thing to do now is not to worry about it and move on (easier said than done sometimes). I think that's all that was being told to you, though I do understand why you were asking the question... for any future incidences, and natural human curiosity. But this is a fairly rare incidence (?), which makes it seem you're dwelling on it a bit.

I wish I had some answers to your question, but I'm not versed AT ALL in any legalities of most kinds. Mule offered you some very good advise to answer your question. Though if this did happen in the future, going to a lawyer or legal adviser would probably be your best bet for advise on what actions you can take, not an online forum (though it certainly can give you a place to start).

If it's the fact Golden corrected your spelling that everyone found rude... I'm sorry, I don't think that's rude either. Quite honestly it grinds on me when horse terminology is incorrectly used or spelled. It helps one learn to have mistakes pointed out to them.

I am sorry that happened to your horse though, could not have been easy!

Duggan & Miss May
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