Is It Illegal to Hit a Deer and Drive Off? (How to Avoid It)

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A deer collision can be very stressful, and it’s more common than you might think. There are approximately 1.5 million deer-related vehicle collisions reported each year in the United States, resulting in thousands of injuries and fatalities. Unfortunately, these accidents sometimes can’t be avoided.

During the two decades we’ve been practicing law, Schmidt & Clark lawyers have dealt with countless insurance cases arising from deer-vehicle collisions.

Today, we’ll explain whether it's illegal to hit a deer and drive off, as well as what steps you can take if your car has been damaged in a deer collision. Understanding your rights and responsibilities in these situations is crucial for navigating the aftermath effectively.

Quick Summary

It’s not illegal to drive off after a deer collision. However, if there’s car damage, you have to report hitting a deer.
You should be on high alert when driving, especially during deer breeding time in rural areas.
You should react appropriately and take several steps if you hit a deer.

Can I Drive Off When I Hit a Deer?

Yes, you can drive off when you hit a deer. It’s not illegal to hit a deer and drive away, but this is only true if your vehicle or property is undamaged.

If there are injuries to your vehicle, property, passengers, or the driver, it is illegal to leave the scene.

In such cases, you must contact your insurance provider and the local police, just as with any other type of accident.

Legal Consequences of Leaving the Scene

While it may seem straightforward, the legal implications of leaving the scene after hitting a deer can vary by state:

Reporting Requirements: Most states require that you notify local authorities if a deer is badly injured. Leaving a wounded deer in the middle of the road can pose a significant safety hazard for other motorists and may lead to additional legal consequences.
State Variations: Some states have specific laws regarding wildlife collisions. For example, in states like Minnesota, drivers must report any deer collision to the Department of Natural Resources (DNR). Failing to do so could result in fines.
Potential Penalties: If you leave the scene of an accident involving damage or injury (even if it’s just to the deer), you could face penalties similar to those for hit-and-run incidents. This may include fines or points on your driving record.

Common Misconceptions

Many individuals hold misconceptions about the legal implications of hitting a deer with their vehicle. This is something I have observed in previous cases where drivers were unsure of their responsibilities and the potential consequences of such incidents.

"I don’t need to report it if there’s no damage."
Many people believe that if their vehicle is undamaged, they don't need to report hitting a deer. However, even if there are no damages, reporting the incident for safety reasons and potential insurance claims is often advisable.
"I can just leave the deer where it is."
Leaving a wounded deer in the roadway can create hazards for other drivers and may be illegal in some states. It's important to check local laws regarding wildlife collisions and reporting requirements.
"Insurance won’t cover deer collisions."
While comprehensive insurance typically covers damage from hitting a deer, many drivers are unaware they should still report the incident to their insurance company. Failing to do so may complicate claims later on.

Reasons to Report a Deer Collision

Even if you're not legally obligated to report a deer collision when there are no injuries or damages, there are several reasons why you should consider doing so:

Safety Measures: Police will help ensure that adequate safety measures are taken at the scene, which can protect other motorists from potential hazards.
Insurance Claims: An official police report can facilitate your insurance claim process by providing incident documentation.
Timely Notification: Informing your insurance provider as soon as possible helps expedite claims processing and ensures you're covered for any damages incurred.

In summary, while it's generally permissible to drive off after hitting a deer if there’s no damage or injury, understanding your legal obligations and responsibilities is crucial. Reporting the incident can help ensure safety for yourself and others on the road while protecting your insurance claim rights.

State-Specific Laws Regarding Deer Collisions

Deer collision laws and reporting requirements can vary significantly from state to state. Here’s a brief overview of some key differences:

Reporting Requirements:

California: Drivers must report any deer collision that results in injury or significant property damage to local law enforcement.
Texas: If a deer is killed or injured, report it to the Texas Parks and Wildlife Department.

2. Permits for Keeping Deer:

In states like Florida, you may be allowed to keep the deer if you obtain a permit from law enforcement at the scene, while in New York, it is illegal to keep deer without specific permissions.

3. Insurance Claims:

Some states classify deer collisions as non-fault accidents, which may not affect your insurance rates. For example, hitting a deer in Michigan is typically covered under comprehensive insurance without impacting premiums.

4. Local Laws:

Many states have unique local regulations regarding how long you must wait before reporting a collision or specific procedures for handling injured wildlife.

Understanding these state-specific laws can help you navigate the aftermath of a deer collision more effectively and ensure compliance with local regulations.

What to Do After a Deer Collision?

If a deer accident happens, here’s a detailed step-by-step guide on what to do:

Move Off the Road:
Turn on your hazard lights and carefully steer your vehicle to the shoulder of the road. This is crucial for your safety and the safety of other motorists. Being off the road reduces the risk of secondary accidents, especially if traffic is heavy. Ensure you are far enough away from the lane to avoid any potential collisions.
Help Injured Passengers:
If injured passengers are in your vehicle, assess their condition without exiting the vehicle. If they require immediate assistance, call 911 for help. Staying inside the car is also important for your safety; exiting can expose you to oncoming traffic.
Report the Accident:
Call 911 and inform them about the collision, especially if there is damage to your vehicle or if anyone is injured. Filling out an accident report is essential, as this documentation will be necessary for insurance claims and any potential legal matters.
Stay Inside the Vehicle:
This is particularly important if you are not in a rural area. Exiting your vehicle increases your risk of being struck by another vehicle. Remain inside until help arrives or it is safe to exit.
Don’t Approach the Deer:
Injured deer can be unpredictable and may act aggressively if they feel threatened or in pain. Even if the deer appears dead, approaching it can be dangerous due to its sharp hooves or potential for sudden movement.
Document the Accident:
Take clear pictures of the accident scene, including damage to your vehicle, injuries sustained, and the surrounding area. This documentation can be invaluable when dealing with insurance claims. If there are any witnesses who stop to help, gather their contact information and ask for their statements regarding what they saw.
Consider Keeping the Deer:
In some states, you have the right to keep the deer if you obtain the correct permit from a police officer at the scene. However, selling deer meat is illegal in many states, so check local regulations before proceeding.

By following these steps after a deer collision, you can ensure your safety and protect your rights while also facilitating a smoother process for dealing with insurance claims and potential legal issues. Understanding these actions can significantly impact how you handle such incidents effectively and responsibly.

Related Article: Who Is Responsible if a Car Hits Your Dog?

How to Avoid Hitting a Deer?

According to the Insurance Information Institute, most deer accidents happen from October to December, and they take place on highways and in suburban areas [1].

“With abundant deer, motorists should be aware of the potential for deer to cross roadways at any time. Most deer-vehicle collisions occur during October and November when deer are active during the breeding phase; however, collisions occur year around. Taking precautions such as driving slower during the evening and nighttime hours and scanning roadsides for deer can help prevent collisions.” State of Wisconsin, Department of Transportation

It’s always good to be extra careful during this period, especially if you live in a deer-populated area.

Here’s how to avoid hitting a deer:

Stay alert — Pay attention to deer road signs, and watch the road and what’s ahead so you’ll have enough time to react if you spot a deer.
Use high beams — They are useful to spot animals’ reflective eyes, and you’ll have a larger field of vision.
If you see one deer on the side of the road, slow down. There are probably more deer nearby. Honk in short bursts and flash headlights to alert other drivers.
Wear your seatbelt — Wearing a seatbelt reduces the risk of getting injured in animal collisions.
Be extra careful at dawn and dusk as animals are active during these times.
Don’t swerve — If you swerve, you risk hitting another driver or causing property damage to someone.
Don’t speed up — If you speed up, you risk causing more damage to your vehicle and getting injured.
Brake — Don’t brake sharply, especially if you’re going fast. Instead, try to brake slowly. Also, if you hit deer while braking, you’ll have less damage to your car.

What to Do If Your Car is Damaged After A Deer Collision?

If your car is damaged after a deer collision, first, you should check for leaking fluid, tire damage, and loose parts. In case you determine your car isn’t fit to be driven, get it towed.

If your car is damaged, you should contact your insurance company to get your insurance claims processed.

Two kinds of coverage can help you get damages in case of a deer collision:

Comprehensive coverage — Covers your damages after animal accidents. For this coverage to be valid, your vehicle has to come into contact with a deer. For example, you can't use comprehensive insurance if you swerve and don’t hit an animal but still damage your car.
Collision coverage — This is full coverage that covers damages such as hit-and-runs, accidents caused by other drivers, or if you swerve to miss an animal and damage your car.

You should notify local authorities of deer accidents, as their report can help you when filing an insurance claim.

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FAQ

Why do deer run in front of cars?

Deer run in front of cars because they try to cross roadways. Usually, they want to find food, find their mate, or get back to the spot where they bed down.

What are the odds of hitting a deer with your car?

The odds of hitting a deer with your car are 1 in 116, according to State Farm Insurance [2].

What to Do After Hitting a Deer on a Busy Highway

If you hit a deer on a busy highway, prioritize safety. First, remain calm and turn on your hazard lights. Carefully move your vehicle to the shoulder to avoid further accidents. If there are injuries or significant damage, call 911 for assistance and report the incident to local law enforcement, as they can help manage traffic and document the accident for insurance purposes.

Will My Insurance Rates Go Up After Hitting a Deer?

Yes, your insurance rates may go up after hitting a deer, but it depends on several factors. If you have comprehensive coverage, the incident might be classified as a non-fault accident, which won't affect your rates. However, if you file a claim for significant damage, your insurer may consider this when determining future premiums.

Get Help From an Experienced Attorney After Deer Collision

If you hit an animal with your car, try to stay calm. Even though it’s not obligatory, it’s a good idea to notify the police, as their report can help you when filing an insurance claim.

Try to document the accident and don’t leave your car, or you risk getting hurt by oncoming traffic or the injured deer.

Finally, you should hire a lawyer. Schmidt & Clark lawyers have experience dealing with animal accidents. We can help explain what your next steps should be and help you deal with the insurance company.

References:

1.https://www.iii.org/fact-statistic/facts-statistics-deer-vehicle-collisions

2.https://newsroom.statefarm.com/animal-collision/

Is It Illegal To Hit a Deer and Drive Off? What Steps To Take