What to Do If You Hit a Deer | Essential Steps After a Collision

What to Do If You Hit a Deer: Essential Steps and Guidelines

Encountering the nation’s wildlife can make for an epic road trip memory, but what happens when your car collides with them? Hitting a deer is costly and potentially dangerous, with many drivers underestimating the size of these animals and the damage they can cause when hit at speed. 

According to the IIHS, there are around 1.5 million motor vehicle collisions involving deer. Moreover, Purdue University reported that deer-vehicle collisions represent about $1 billion in vehicular damage annually.

With that in mind, what should you do if you hit a deer? If you've been involved in such an accident in Texas, an experienced Austin car accident lawyer can help you understand your legal options and navigate your insurance claim.

Key Takeaways

• Drivers aren’t legally required to stop and notify the authorities if they hit a deer, but they’re advised to do so regardless.
• Call the cops if you’re involved in an accident involving a deer so that you can get a police accident report to support your insurance claim.
• Whether your insurance policy pays for the damage to your vehicle and any medical expenses depends on your coverage type.
• Texas is home to over four million deer, and the primary mating season lasts from October until December. Deer concentrations increase, meaning you should drive with extra care.
• The best way to avoid a collision with a deer is to avoid driving at dawn or dusk, remain alert, and drive with care. Avoid swerving if you encounter a deer and instead reduce your speed and brake to maintain control of your vehicle.
• Nobody owns deer, meaning you can’t hold another party to account if an accident results in damage to your vehicle. Instead, you’ll need to claim your insurance company.
• If you find yourself in a dispute with your auto insurance company, contact a car accident attorney to appeal the decision and ensure you’re properly compensated.

What Should You Do If You Accidentally Hit a Deer?

Hitting a deer will likely result in a hefty dent in your vehicle and potentially even injuries. Experts recommend pulling off to the side of the road, checking for injuries, and contacting the authorities if the crash is serious enough.

The truth is you’re under no obligation to report an accident involving wildlife in most states. Nevertheless, it’s still wise to contact the local authorities because the animal may not be dead and could pose a hazard for other drivers if it’s in the middle of the road.

Should You Call the Cops if You Hit a Deer?

You’re not legally obligated to notify the police if you hit a deer. However, if your vehicle has sustained damage or you’re injured, it’s wise to notify the police regardless. Signaling for a traffic officer to attend lets you get an official police accident report to support your claim later.

It’s also helpful to call the police if your car has been rendered inoperable so that they can clear the road and warn other drivers. Even though you’re not required to call the cops, it’s still the responsible thing to do.

Is It Illegal in Texas to Hit a Deer and Drive Off?

Texas law doesn’t require you to notify anyone if you hit any large animal, including deer. The exception is if any property was damaged. According to the Texas Transportation Code 550.022, at the very least, you must leave your contact details with the property owner. Not doing so is a Class C misdemeanor for damage under $200 or a Class B misdemeanor for damage over $200.

Nevertheless, the Texas Parks & Wildlife Department advises drivers to report all wildlife collisions to the local police. However, driving away without notifying anyone means you’re depriving yourself of a police report to support your future insurance claim.

Are You Responsible If You Hit a Deer?

Drivers assume no responsibility for hitting deer because deer are wild animals, and so you aren’t capable of making a claim against anybody for damages. That’s why no law requires you to stop if you hit a deer or notify the authorities.

However, the picture gets murky if you swerve to avoid a deer and hit another vehicle or damage someone else’s property. In these cases, valid legal parties are involved, meaning you’ll need to stop and exchange your contact details.

Understanding Deer Migration Patterns in Texas

The most dangerous time for drivers is late fall to early winter, which is the deer mating season. Their behavior is more erratic, and there’s a good chance they’re traveling in herds, thus increasing the risk for drivers.

According to the Texas Parks & Wildlife Department, there are roughly four million white-tailed deer in Texas, meaning there’s a strong chance you’ll encounter one on country roads in October, November, and December.

The best advice for handling deer migration patterns is to drive carefully and double-check that your headlights are in good working order. Be especially careful if you’re driving in the Texas Hill Country region, as this is where the largest concentrations of deer are.

Immediate Actions After Hitting a Deer

After hitting a deer, you must ensure your safety and think about how to protect your claim. According to a CNN report, more than 59,000 injuries are reported because of crashes with deer each year, with 440 lives lost.

Ensure Your Safety First

Your safety is what matters. Start by finding a safe place to stop, pull over, and turn on your hazard lights to reduce the risk of any other accidents. Inspect yourself and your passengers for injuries. Always call 911 if you’re injured and request immediate medical attention.

The next step is to notify the authorities. Alert authorities quickly and report the accident. Alternatively, notify the local game warden or Texas Parks and Wildlife at (512) 389-4800. Again, it’s not a legal requirement, but it’s the responsible thing to do all the same.

Assessing the Damage to Your Vehicle

In most cases, injuries are confined to the vehicle itself. Texas A&M reports that the average size of a deer in Texas is around 105 lbs. It may not sound like much, but a collision at a modest speed of 40-50 mph will destroy the front of your vehicle and seriously injure the deer.

Inspect your vehicle and take pictures of the damage for your claim later. Next, ensure that your vehicle is still operable. You should soon see whether your vehicle is still functional. Ideally, you’ll want to try to reach the nearest settlement for a complete inspection to ensure it’s safe to proceed to your final destination. 

Documenting the Scene: What Information to Collect

Always document the scene to support your claim later. Use your smartphone to take pictures of the scene. Here’s what you should focus on:

• Any visible injuries
• Vehicular damage
• The deer
• Property damage

Wait at the scene for an officer to come out and complete a police crash report. This is essentially a second opinion from a person in a position of authority, making it perhaps the most essential piece of supporting evidence for a future insurance claim.

Engaging Your Insurance: Understanding Coverage

Your auto insurance policy might cover significant damage if you’ve hit a deer, depending on your coverage. Minimum liability-only coverage won’t provide any payout because it only covers damage to others. You’ll need comprehensive or collision coverage to cover things like dents and broken lights.

Here are some of the insurance types that will cover the cost of a deer crash:

• Comprehensive Coverage – This coverage covers all damages to your vehicle due to incidents beyond your control, including encounters with the local wildlife. It will help you pay for the repair costs of your vehicle.
• Collision Coverage – Collision coverage doesn’t apply to wildlife but can be used if your car hits something else. For example, you can use it if you hit another object or you’ve rolled over because of swerving to avoid the deer.
• Medical Payments Coverage (MedPay) – MedPay will cover your medical expenses if you or any passengers sustain bodily injuries from your accident.
• Personal Injury Protection (PIP) – PIP cover is known as “no-fault coverage” and will handle your medical expenses and even lost wages if you’re forced to take time off work for rehabilitation.

As always, inspect the terms and conditions of your auto insurance policy to know what’s covered and what isn’t.

How Does Hitting a Deer Affect Insurance? 

Any type of claim will usually result in the costs of your insurance rising in the short term. There’s no special movement in insurance premiums due to claims made because of wildlife collisions.

However, the increase in premiums will be significantly less than you expect because you’re not at fault and don’t have to worry about the other party claiming damages against your insurer. Typically, these premium rises are temporary.

How to File a Claim for Hitting a Deer

The process of filing a claim for hitting a deer depends on your insurer. Typically, you can file your claim through your insurer’s dedicated app, website, or even phone. Regardless of your chosen filing method, you’ll be asked what happened and have the chance to upload evidence, such as a copy of your police report and any pictures you’ve taken.

Common Myths About Hitting a Deer

Deer collisions are incredibly common in America due to the sheer size and quantity of these herds across the country. Despite this, a range of myths relating to deer crashes remain. Understanding your obligations and the rules of what to do when coming into contact with wildlife is vital for working out what to do next.

Is It Illegal to Leave the Scene of a Deer Accident?

Drivers aren’t required to stop and wait for the authorities if they’ve been involved in a deer accident. However, if the accident resulted in third-party property damage or your actions led to a collision with another driver, you must remain at the scene and exchange contact details. Leaving in these situations means you’ve committed a hit-and-run offense.

Will Hitting a Deer Appear on Your Driving Record? 

Hitting a deer alone won’t mean it appears on your driving record. Instead, any claim will go down with a special code indicating that it wasn’t a no-fault or an at-fault accident.

According to Progressive, the accident will go on your driving record if the crash results in you hitting something else, such as someone else’s property or another driver.

Preventative Measures: Avoiding Deer Collisions

Texas drivers share the roads with a diverse array of wildlife, including deer. It’s a unique challenge for drivers, requiring them to be constantly alert, especially in rural areas and the Texas Hill Country.

Follow these tips to avoid hitting deer:

• Drive in the center lane to increase your chances of approaching deer.
• Scan the sides of the road at all times and avoid relying on cruise control.
• Watch out for deer crossing signs.
• Use your high beams when appropriate, but remember to dim them when another vehicle approaches the opposite direction.
• Be especially careful at dawn and dusk because it’s when deer are the most active.
• Always obey the speed limit. Slowing down will give you more time to react to any deer.
• Regularly service your vehicle to ensure your brakes and tires are in good condition.

What to Do If a Deer Jumps in Front of Your Car 

Deer accidents are so common because many drivers freeze when they jump into the road. Many drivers also make the mistake of swerving too far or performing another maneuver that could result in an even more catastrophic accident.

Here’s what to do if a deer jumps out in front of your vehicle:

1. Avoid Swerving – The natural instinct is to swerve, but this increases your chances of losing control of your car and hitting oncoming traffic or an obstacle like a tree or guardrail. Instead, brake firmly and try to stay in your lane.
2. Slow Down – If you can’t avoid the accident, slow down and brace for impact. Reduce your speed as much as possible and release the brake just before impact so the car raises slightly. This decreases the chances of the deer hitting your windshield.
3. Don’t Approach – Keep a safe distance if the deer is still on the road. Don’t try to help it because wounded deer become unpredictable and dangerous.

What Should I Do If I See an Injured or Dead Deer?

Injured deer should be left alone because they can become dangerous and attack in self-defense. You should contact the local game warden dispatcher, and they can help with it.

It’s illegal in Texas to put an injured deer out of its misery, even if you believe that it’s suffering. Plus, it’s also illegal to discharge firearms on public roads. Instead, call the local game warden or law enforcement to euthanize the animal.

But what if the deer is already dead? 

Some states allow you to claim and take away deer as roadkill. Texas prohibits motorists from taking away dead deer as roadkill. That also includes taking trophies for taxidermy or other purposes, including the antlers.

All deer in Texas are considered to be property of the state, and taking a dead deer, or even parts of it, can result in criminal charges, with punishments including fines and incarceration.

The only thing you’re allowed to do is move the deer off the road if it's blocking traffic. However, this still isn’t recommended because you could put yourself in danger, as other drivers won’t be expecting you to be standing on the road. 

Do You Need to Contact a Lawyer After Hitting a Deer?

Generally, you won’t require a lawyer if your accident involved hitting a deer and nothing else happened. You can’t sue anyone or claim damages from a wild animal. However, if your insurance claim is denied, you may want to consider bringing a lawyer in.

If your accident involved a collision with a deer and another third party, such as another driver, you should contact an attorney immediately to build your case and prove that you weren’t at fault for your actions.

Can You Sue the Deer?

You can’t sue the deer because it’s a wild animal, meaning there’s no owner to sue. It’s classified similarly to your car being damaged by a hailstorm. Instead, contact your insurer and claim for damages to your vehicle.

When Legal Assistance May Be Necessary

Some scenarios may result in needing legal assistance. Most crashes with one deer are relatively straightforward, with an insurance claim for car repair or parts replacement resulting in approval. Still, more complex cases may require the help of a deer accident lawyer.

Examples of these situations include:

• Substantial damages/injuries
• Insurance company disputes
• Accidents with third-party property damage
• Accidents with other motorists 

Can You Seek Compensation for Vehicle Damage?

Your auto insurer will entertain claims for vehicle damage if you have the appropriate coverage. Drivers with liability-only coverage won’t be able to claim. Instead, you’ll need to have another type of coverage, such as comprehensive or collision.

Since no one owns deer and they’re wild animals, you have nobody else to seek compensation from, meaning it’s all down to your dealings with your auto insurer.

How a Lawyer Can Help With Insurance Disputes

Getting your claim rejected by your auto insurer can be disheartening, but you’ve got the right to appeal. Remember, insurance companies aren’t on your side. They’re there to preserve their bottom lines. Thankfully, you can hire an attorney to push your claim.

So, what can a lawyer do to help if you’re involved in an insurance dispute?

• Gather further evidence.
• Obtain expert witness testimony.
• Demolish insurance agent arguments against your claim.
• Negotiate with insurance companies.
• File a personal injury lawsuit against the insurance company.
• Prevent insurers from using bad-faith tactics to avoid approving your claim.

If you find yourself in an insurance dispute, you need an experienced deer accident lawyer. DJC Law is Austin’s premier personal injury law firm, supporting clients in dealing with obstinate insurance companies. With over $400 million in settlements won, set up your free consultation with one of our friendly agents now.