Driving in New York is challenging. With constant traffic, distractions, and pedestrians, accidents happen. But when these accidents involve dogs, the situation becomes even more emotional and complex.

Under New York Vehicle and Traffic Law § 601, drivers who hit and injure or kill a dog must stop and report the incident. This law applies to dogs, cats, horses, and cattle. Drivers must notify the pet’s owner, a police officer, or an appropriate community member, providing their name, address, driver’s license number, and proof of car insurance¹.

Why Current Laws Are Failing

The penalty for failing to report hitting a dog is shockingly lenient. A first offense results in a fine of up to $100, with subsequent offenses carrying fines ranging from $50 to $150². If the animal involved is a service dog, the fines are higher, ranging from $50 to $300 depending on the offense³.

This light penalty has sparked considerable debate. Many dog owners and animal advocates argue that the fine is too small to serve as a deterrent. The emotional and financial impact on the pet's owner far exceeds the cost of the fine. For example, veterinary bills can be exorbitant, and the emotional toll of losing a pet can be devastating.

Responsibilities of Drivers and Pet Owners

Both drivers and pet owners have responsibilities to ensure the safety of animals. Drivers must stop and provide assistance to the injured animal or take them to receive medical attention². They should also use information on a tag or collar to notify the pet’s owner when possible¹. Failure to do so not only leads to legal consequences but also raises ethical questions about the driver's compassion and responsibility.

Pet owners, on the other hand, must keep their pets under control, typically by using a leash. When pets are allowed to roam freely, they are at a higher risk of running into traffic and causing accidents².

Case in Point: Chicky's Story

A recent case highlighted the deficiencies in New York's law. Chicky, a beloved Havanese, was hit and killed by a speeding driver in Brooklyn Heights. The driver fled the scene, leaving Chicky's owners devastated. Despite the community's outpouring of support and calls for justice, the legal consequence for the driver was a mere $100 fine⁴.

Chicky's story resonates with many pet owners who feel that the law does not adequately protect their pets. The fine seems insignificant compared to the loss of a cherished family member. This incident has fueled calls for stricter penalties and more comprehensive animal protection laws.

Pets Deserve More Than Property Status

In New York, pets are legally classified as property³. This classification affects how the law treats incidents involving animals. While stealing a dog is considered a crime, hitting and killing a dog with a car is treated as a traffic infraction. This legal perspective fails to acknowledge the emotional bond between pets and their owners.

Animal advocates argue that pets should be recognized as more than just property. They provide emotional support, companionship, and unconditional love, which cannot be quantified in monetary terms. Changing the legal status of pets could lead to more significant penalties for harm caused to them and better protection under the law.

Take Action Now

We must urge New York State to revise its laws to better protect our pets. Increasing penalties for hitting and killing a pet, recognizing pets as sentient beings, and ensuring the best interests of the animal are prioritized will reflect our society's value on pets and provide justice for affected pet owners. These actions will foster a more humane and responsible society.

Join us in demanding justice and protection for our pets. Sign the petition now to help create a safer and more compassionate environment for all animals in New York.

More on this issue:

1. FindLaw (1 January 2021), "New York Consolidated Laws, Vehicle and Traffic Law - VAT § 601. Leaving scene of injury to certain animals without reporting."
2. Cellino Law (16 August 2023), "Is It Illegal To Hit A Dog And Drive Off?"
3. Mark E. Seitelman Law Offices (17 April 2024), "Should You Stop Driving After Hitting a Dog in NY?"
4. Ginia Bellafante, The New York Times (12 July 2024), "A Hit-and-Run Driver Killed My Dog. The Penalty? Maybe a $100 Fine."