How to Handle a Car Accident Involving a Deer

By
November 28, 2024

Collisions with deer can cause significant vehicle damage and injuries, particularly during peak seasons like fall and spring. These accidents often fall under comprehensive insurance coverage, but navigating the claims process can be challenging. Drivers should prioritize safety, document the scene, and report the incident to both authorities and their insurance company. Legal counsel can help resolve disputes and ensure fair compensation, especially in cases of negligence or extensive damage.

Deer-related car accidents are an unfortunate but common occurrence, especially during certain times of the year. Fall, in particular, sees a significant increase in deer activity due to mating season, while spring migration also brings more animals onto roadways. These collisions often occur unexpectedly, leaving drivers unsure of how to handle the situation safely and effectively. While California is one of the least likely states to have a deer collision, it is important to be aware as you travel for the holidays through or to high risk states.

Unlike typical car accidents, collisions with deer present unique challenges. The impact can cause extensive vehicle damage, such as crushed hoods, broken windshields, or totaled cars. In some cases, drivers and passengers may sustain injuries, particularly if the collision involves sudden braking or swerving. Navigating insurance claims can add to the stress, as drivers may not be fully aware of how their coverage applies to animal-related accidents.

Learn more

Common Causes of Deer-Related Car Accidents

Deer Crossing Roads

Deer frequently cross roads, especially in rural or suburban areas near wooded regions. They are often unpredictable, darting into traffic suddenly and leaving drivers with little time to react.

  • High Activity Times: Deer are most active during dawn and dusk, making these times particularly hazardous for drivers.
  • Proximity to Wooded Areas: Roads that cut through forests or open fields are common hotspots for deer crossings.

Seasonal Patterns

Deer activity increases during specific seasons, particularly in the fall and spring.

  • Fall Mating Season: During autumn, deer are more likely to move across roads in search of mates, leading to a spike in collisions.
  • Spring Migration: As deer migrate to new grazing areas in the spring, their movements often intersect with busy roadways.

Driver Inattention

Many deer-related accidents occur because drivers are unaware of the risks in high-activity areas.

  • Lack of Awareness: Failing to notice deer crossing signs or anticipate movement near wooded areas can lead to sudden encounters.
  • Distractions: Activities such as using a phone or adjusting the radio can reduce a driver’s ability to spot deer in time to avoid a collision.

Poor Visibility

Low-light conditions make it harder for drivers to see deer until it’s too late.

  • Nighttime Driving: Most deer collisions happen at night when headlights may not illuminate animals until they are directly in front of the vehicle.
  • Weather Conditions: Fog, rain, or snow can further obscure visibility, increasing the likelihood of an accident.

Immediate Steps to Take After Hitting a Deer

Ensure Safety

The first priority is to ensure your safety and that of other road users.

  • Pull Over: Move your vehicle to a safe location, such as the shoulder of the road, if possible. This reduces the risk of secondary accidents.
  • Turn on Hazard Lights: Activate your hazard lights to alert other drivers to your presence and the potential hazard.

Check for Injuries

Assess yourself and any passengers for injuries sustained during the collision.

  • Self-Check and Passenger Check: Look for signs of pain, bleeding, or other injuries.
  • Call 911: If anyone is injured, call for medical assistance immediately. Even minor injuries should be evaluated by a medical professional.

Avoid Direct Contact with the Deer

Injured deer can act unpredictably, and attempting to interact with them can be dangerous.

  • Keep Your Distance: Avoid approaching or touching the deer, as it may lash out or attempt to flee.
  • Wait for Authorities: Allow animal control or law enforcement to handle the situation safely.

Contact Authorities

In many areas, reporting a deer collision to the authorities is required by law.

  • Notify Local Police or Animal Control: Inform them of the incident, especially if the deer is blocking the road or poses a danger to others.
  • Document the Report: Request a copy of the official report, as it may be helpful when filing an insurance claim.

Document the Scene

Take Photos

Visual evidence is invaluable for supporting your case.

  • Vehicle Damage: Take clear pictures of all visible damage to your car, including broken parts, dents, or shattered glass.
  • Surrounding Area: Photograph the accident location, road conditions, and any relevant traffic signs, such as deer crossing warnings.
  • The Deer (If Safe): Capture images of the deer to confirm the type of animal involved, but only if it is safe and does not put you or others at risk.

Note Details

Recording key details about the incident can provide a comprehensive account of what happened.

  • Time and Location: Write down the exact time and location of the collision, including road names or mile markers.
  • Conditions: Note any environmental factors, such as poor lighting, weather conditions (e.g., rain or fog), or visibility issues.
  • Circumstances: Describe how the collision occurred, such as the direction the deer was coming from or whether it darted out suddenly.

Identify Witnesses

If anyone else witnessed the accident, their account could be valuable.

  • Collect Contact Information: Ask for names and phone numbers of witnesses who saw the collision or its aftermath.
  • Ask for Statements: If they are willing, request a brief statement about what they observed.

Notify Your Insurance Company

File a Claim

Start by reporting the accident to your insurance company as soon as possible.

  • Provide Basic Details: Share information about the incident, including the date, time, and location of the collision. Describe the damage to your vehicle and any other relevant details.
  • Submit Documentation: Send any photos, witness statements, or police reports you’ve gathered to support your claim.

Coverage Information

Understanding your insurance coverage is critical in determining what costs will be covered.

  • Comprehensive Coverage: Accidents involving deer typically fall under comprehensive coverage, which handles damage caused by incidents other than collisions with another vehicle. Check if this coverage is included in your policy.
  • Deductible Awareness: Confirm the deductible amount you’ll need to pay before your insurance kicks in.
  • Uninsured/Underinsured Motorist Coverage: While not typically applicable to deer collisions, ask your provider if any additional coverage options might help.

Repair Estimates

Once your claim is filed, arrange for your vehicle to be assessed for damages.

  • Damage Assessment: Your insurance company may recommend a repair shop or send an adjuster to evaluate your vehicle.
  • Obtain Quotes: Get estimates from trusted repair shops, even if your insurer has a preferred vendor, to ensure you understand the cost of repairs.
  • Temporary Transportation: If your car is not drivable, ask about reimbursement for rental cars or other transportation options.

Legal Considerations for Deer-Related Car Accidents

Liability Issues

Deer-related accidents are generally considered "no-fault," meaning that no one is directly liable for the collision.

  • Wild Animals: Because deer are wild and unpredictable, there is usually no person or entity responsible for their actions.
  • Insurance Coverage: Comprehensive insurance policies typically cover damage caused by wild animals, so liability is less of a factor in these cases.

Potential Disputes

Despite the "no-fault" nature of deer accidents, disputes can arise in certain circumstances.

  • Driver Negligence: Insurance companies may attempt to reduce or deny claims if the driver is accused of behaving negligently. Examples include:
    • Speeding in a known deer crossing zone.
    • Failing to heed posted deer warning signs.
    • Swerving recklessly to avoid the deer and causing additional damage.
  • Insufficient Evidence: If you cannot provide adequate documentation of the incident, such as photos, police reports, or witness statements, insurers may question the validity of your claim.

Consulting an Attorney

When injuries, extensive damages, or disputes with insurance companies occur, seeking legal counsel can be invaluable.

  • Evaluate Your Case: An attorney can help determine whether your claim is being handled fairly and identify any potential legal issues.
  • Negotiate with Insurers: Legal representation can ensure that insurance companies honor their obligations, including covering damages under your policy.
  • Address Complex Situations: If the accident resulted in significant injuries, financial losses, or disputes over negligence, an attorney can guide you through the process of seeking compensation.

Let The Drake Law Firm Help You After a Deer-Related Car Accident

A collision with a deer can leave you dealing with unexpected challenges, from vehicle damage and medical expenses to insurance disputes. Navigating these issues alone can be overwhelming, but you don’t have to face them on your own. The Drake Law Firm is here to help.

Our team of experienced attorneys specializes in car accident claims, including those involving animals. We are committed to securing compensation for your losses, whether it’s repairing your vehicle, covering medical bills, or addressing other damages caused by the accident. With a proven track record and a client-focused approach, we are dedicated to ensuring you receive the support and justice you deserve.

Contact Us Today

If you’ve been involved in a deer-related car accident, reach out to us for a free initial consultation. We’ll evaluate your case, answer your questions, and provide the legal support you need.

  • Phone: Call us at 1-844-513-7253.
  • Website: Visit www.drakelawgroup.com to learn more and schedule your consultation.
  • Office Locations: Conveniently located throughout California, including:
    • Los Angeles
    • Stockton
    • Fresno
    • San Francisco