Situation:

Your cruising down a road to get home. The speed limit is 40. About halfway down the road, a large dog flies out in front of your brand new vehicle. You can’t swerve to not hit the dog so the only option is to hit it. The dog runs home and you check to make sure it’s still alive. The owner is obviously very upset you ran their dog over but admits that they accidentally left the gate open and the dog was able to get out and run across the street. There is about $5000 worth of damage to your car which your insurance covers most of it but you are now stuck with a deductible and rental fees because of someone else’s negligence with their pet. Who should be responsible for the damages in a situation like this?