The following release was provided by the Kendall County Sheriff's Office.
The Kendall County Sheriff’s Office is seeking information in reference to an accident that occurred on Route 30 in the area of Wolf Road, in unincorporated Kendall County.
On Sept. 26 at about 11:30 PM a vehicle struck a 2-and-a-half-year-old black Labrador retriever after it had wandered onto the roadway.
The vehicle was traveling southbound on Route 30 when it struck the dog. The vehicle involved is believed black Chrysler with front end damage.
Anyone with information on this or other crimes is urged to call Kendall County Crime Stoppers at (630) 553-5999. Callers remain anonymous and are eligible for a reward of up to 1,000.00 for information leading to the arrest of the offenders.
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No, this is not an 'arrestable offense', unless you are talking about the dog owner.
I understand exactly what you are saying, however, depending on the circumstances it is a criminal offense, in my opinion. Specifically, leaving the scene of an accident. Many dog lovers see their dogs as family and their death or injury is by no means taken lightly. The driver may be liable for the injury to the dog, however, the dog owner may be liable to the driver for damage to caused by their negligence(i.e. letting their dog loose and unleashed). In any case one may not leave the scene of an accident where there is property damage or injury without making a report.
Have the police cited the dog owner who 'reported' this? So far, the only evidence is what the owner has provided, and it quite clearly shows that they were not in control of their animal, which is a direct violation of the law. I'm sorry that someone lost their pet, but this is exactly why these rules exist.
(625 ILCS 5/11-402) (from Ch. 95 1/2, par. 11-402) Sec. 11-402. Motor vehicle accident involving damage to vehicle. (a) The driver of any vehicle involved in a motor vehicle accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such motor vehicle accident or as close thereto as possible, but shall forthwith return to and in every event shall remain at the scene of such motor vehicle accident until the requirements of Section 11-403 have been fulfilled. A driver does not violate this Section if the driver moves the vehicle as soon as possible off the highway to the nearest safe location on an exit ramp shoulder, a frontage road, the nearest suitable cross street, or other suitable location that does not obstruct traffic and remains at that location until the driver has fulfilled the requirements of Section 11-403. Every such stop shall be made without obstructing traffic more than is necessary. If a damaged vehicle is obstructing traffic lanes, the driver of the vehicle must make every reasonable effort to move the vehicle or have it moved so as not to block the traffic lanes.
State law 'prohibits dogs from roaming at large'. Individual counties set the fines and consequences to go along with that law, but it is a state law. Being unincorporated has nothing to do with it, as it still falls under the powers given to the county by state law. (510 ILCS 5/5) (from Ch. 8, par. 355) "(b) Counties may by ordinance determine the extent of the police powers that may be exercised by the Administrator, Deputy Administrators, and Animal Control Wardens, which powers shall pertain only to this Act. The Administrator, Deputy Administrators, and Animal Control Wardens may issue and serve citations and orders for violations of this Act." Your claim that this somehow falls under the same law as colliding with a inanimate object, is incorrect. This is why there is a code specifically for animals. In this case(and every case), the more specific law applies, not the less specific one that you are attempting to quote. 5/18.1. Liability of dog owner or keeper for damages § 18.1. The owner or keeper of a dog is liable to a person for all damages caused by the dog The law does also not require the driver notify the owner, it only requires the driver ATTEMPT to notify the owner. If there is no contact info on the dog, how do you propose someone does that? The laws are specifically written to put the onus of responsibility on the owner, and not to pass it off to an innocent bystander who is damaged/injured by the owners negligence.
"resulting only in damage to a vehicle which is driven or attended by any person" The law is very specific, and words have meaning when they are chosen. The word 'only' in what you are attempting to quote, voids any relation to what you are trying to talk about. I recommend any pet owner that is this confused about the laws in the state they live in, go to a vets office, or better yet the county animal control office. Get the facts on what your responsibilities and liabilities are in owning a living creature. If your dog gets out, runs around and does NOT get hit, you are still liable for damages. There was a case recently in CA where a dog owner was found liable for $12.5M simply because their dog was running around in the road and caused a car to swerve.
It happened at night. Do you honestly think the law states that every time someone hits an animal on the road, they MUST stop? A squirrel? A fox? A cat? A raccoon? A Dog? Remember, its night. It's dark out. As I already said, the onus of responsibility is put on the owner, not the 'victim'. Not being in control of your personal property is what the law addresses, not who damages it because of your neglect. You are confusing the laws for what happens on personal property, with what happens on public property. If you hit a dog backing out of someones driveway, then yes you are responsible. If you hit a dog driving on a public road, the owner is responsible. The difference is exactly what the laws in Illinois address. It is not confusing, and if you still have your doubts, talk to an animal control representative.
If the dog was in the road, unattended, it is 100% a ticketable offense to the owner. It doesn't matter if it was an accident or not. The lengths some are going to here in order to avoid taking responsibility is astounding! If you don't know the laws, and the responsibilities, it is your fault. It is not the fault of the rest of the world. Perhaps many of you would be better off not having a dog, since you seem to treat it more like a toy than a living being that you are fully responsible for. At the very least, it would certainly be better for the dog.
I agree that the owner holds responsibility for a runaway dog. no argument there. You provide good information on that end of it. But I feel that there is another issue at stake here as well, and whether it's a legal legal or moral issue, i really dont' know, but I think at the very least, out of pure compassion the driver should have stopped if he knew he hit a dog to report the injury. If you hit a deer, you are supposed to report that too. Not sure how the law differs on those, but the only issue at stake right now is that the driver hit something, and kept on driving. Maybe he had no legal obligation to stop...I don't know. seems he should have.
In fact, not only do you not have to report it if you kill it, you can take it home with you; http://m.extension.illinois.edu/wildlife/health_deer.cfm "A motorist who hits and kills a deer with a motorized vehicle can legally claim the deer to salvage the meat, hide, and antlers. Write down the date the deer was taken, the sex of the deer, the location of the accident, and the method by which the carcass was disposed. Keep this information on file." It would be nearly impossible for a dog to cause $500 in damages to a car, which is what would be required for this to be filed as a 'hit-and-run'.
It seems more like someone associated with, or knows someone in the police department, is involved as the pet owner and is abusing the public resources. If there was ever any real reporting here, instead of inane publishing of press releases from the PD, we might actually be able to get the whole story.
No one wants to hit an animal that runs into the road, but sometimes it is unavoidable. And sometimes you never see what the animal is. You can't always slam on your breaks...it may cause a more serious accident. I hope I don't read about tragic accidents that were caused by people trying to avoid an animal. I have hit a few wild animals, and have had two cats run in front of my vehicle, and have cried...but at the time, there was no way to stop. :'(
Something about this is very strange. Surely the Kendall County police department is aware that the driver is not at fault in this situation, the owner is.