Comment: "It appeared to the witness that the dog had gotten away from the boy, ran out into the road, and was struck."

The dog was in the road when it was hit. It should not have been there. It can be difficult to stop at 40+ mph and not hit a loose animal. Yes the person should have stopped, but the dog should not have been in the road. 

Why was a special needs child out alone with an untrained dog near a busy road?