The driver of the vehicle had an obligation to stop. I know that I've read somewhere in Hawai'i animal laws that a driver who hits an animal is required to stop and notify someone (if not render aid). I tried to find the law but failed, did find a 2008 article on the push to get legislatures to address hit and run cases with animal victims.
cwaters, you may like to read the article:
Dog Killed in Hit & Run, Pet Owners Want Stiffer Penalties
http://www.hawaiinewsnow.com/Global/story.asp?S=8434261&nav=menu55_2
I am curious if anyone knows whether the bill was passed. I suppose the answer could be gotten by calling the Humane Society.
I know how this feels too, as I went through the hit and run with one of my kittens about seven years ago. My beautiful kitten was struck and left lying by the highway. (She lived quite far from it, but I think she got chased and spooked).
I understood in that case why she was hit, and don't blame the driver for the accident, but I was bummed because she had a Humane Society tag on her collar, and it would have been easy to notify me, but the driver didn't care to deal with it. Had not a neighbor seen the body before a third person (who didn't notify me either) removed it, I would never have known her fate. As it was, I never knew how she was disposed of, even though I called all the agencies. I would have liked to bury her and have some closure.
Animal owners often do love pets as family members, so I think it is very important to take responsibility, even for accidents, to do what we can to mitigate the pain and suffering of an animal or its owner's grief. Sure it would take personal bravery to stop and face someone's heartbreak, but stepping up and being brave (or at least following the law) is what a good person does.
If this dog had been in the road it still would have been a very sad accident, but the fault would perhaps be split between driver (going too fast to control vehicle ) and the owner, but as the dog was on private property, the driver is probably at fault, barring some road hazard that absolutely caused the swerve. Come on, there is no leash law on private property ... if an owner knows that the dog knows to stay out of the road, it ought to be safe to let it hang out.
I too am scared of loose stranger dogs that follow me when I walk, but this was not the case here, so why let those feelings about OTHER dogs that were a bit of a menace come into play in the situation of this poor dog, who was not bothering anyone, and simply got struck down on his own home turf?
So sad.