What is a driver obligated to do if they hit a dog or cat with their vehicle?

Q: Jim Guthrel of San Bernardino asked what drivers are supposed to do if they hit a dog or a cat with their vehicle. “My understanding, if I accidentally hit a dog or cat, I’m to stop. What for and for how long? What do I do?” he asked.

Guthrel also expressed concerns about putting the animal in his car, about it possibly being vicious, and about the prospect of facing a veterinarian bill he said he can’t pay.

A: This question touches on several issues about the driver’s responsibility, but here is what the California Vehicle Code says (bearing in mind that there also could be local ordinances on the subject that would vary by city or county). Domestic animals like dogs and certain farm animals are considered property. A driver who hits and injures a domestic animal – which is considered to be damaging property, according to California Vehicle Code section 20002 – is required to try to locate and notify the animal’s owner or law enforcement.

CVC section 20002 states, in part: “The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists…”

The vehicle code also says a driver must “locate and notify the owner or person in charge of that property” of the name and address of the driver and the vehicle’s owner and “upon locating the driver of any other vehicle involved or the owner or person in charge of any damaged property, upon being requested, present his or her driver’s license, and vehicle registration, to the other driver, property owner, or person in charge of that property.”

It also states that the person must leave in a visible place on the vehicle or other damaged property “a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof and shall without unnecessary delay notify the police department of the city” where the crash took place, or if in an unincorporated area, notify the local California Highway Patrol office.

This section is mostly aimed at incidents like hitting a parked car or damaging a vehicle. Failure to comply is a misdemeanor with a possible punishment of up to six months in jail or a fine up to $1,000, or both.

If you hit a dog or a cat, “It’s best to call 9-1-1 and let them know and they’ll make the proper notification, or call animal control,” said California Highway Patrol Officer Dan Olivas of the Inland Division. Or, report the incident directly to the local animal control department.

The law does not advise or require the driver to touch the animal, put it in their car, or take it to a vet.

The question of legal responsibility for a possible vet bill may be a civil matter. Your conscience or circumstances may dictate whether you decide to help an injured dog or cat you hit, call the owner if there’s an ID tag on a collar, or leave the animal by the roadside where it would likely die.

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