Do I have an injury claim if I hit a deer with my car?

Road traffic collisions involving animals are far more common than people perhaps think.

Recent research suggests more than 17,000 crashes have involved deer on the road.

But in rural areas, there are even more animals that can pose a risk such as cows, sheep, foxes or birds.

Urban animal collisions are also common – especially accidents that can happen as a result of drivers quickly reacting to dogs or cats that suddenly dart out in front of vehicles.

But what are your options if you have been injured due to a crash involving an animal – with no other vehicles involved?

Can I make a claim if I hit a deer?

Deer are more common on the roads from May to June when young deer are moving to find new territory – and from October to December as they move for the autumn mating season.

There is a higher risk of collisions between dusk and dawn when deer are more active. As these times can also coincide with key commuting hours road users may encounter deer.

Deer are wild animals so it is unlikely that you will be able to claim compensation if you are involved in a collision. This is still true even if you are driving through a private estate that has ‘roaming deer’.

We understand this can be frustrating for many drivers.

Deer are large animals and collisions involving them can often be serious. Their large size combined with the likelihood they have been struck on a high-speed rural road means motorists are often left with significant damage to vehicles, and people face a greater risk of injury.

But the reality is that they are wild animals and if they are not owned by anyone then there cannot be any insurance to claim against.

The advice for deer is therefore the same as other wild animals like foxes or birds.

No owners mean no insurance – and no insurance means no compensation is possible.

What to do when there is a risk of wild animals on the road?

If you see deer warning signs then stay alert and pay attention to any warning signs. If there is no oncoming traffic after dark then use your full-beam headlights. This should give you advance warning of any wildlife on the road. If you do see an animal then dip your lights, otherwise, the animal may freeze in place.

It is common for deer to suddenly spring from the verges or thick vegetation so driving at a slower speed may give you more time to react accordingly and avoid a collision.

But if the collision is inevitable do not attempt to swerve to avoid the deer. In doing so, you could cause a more serious accident with oncoming traffic or your vehicle may hit a tree or go into a ditch.

Can I make a claim if I hit a cow?

Livestock is an entirely different matter.

Animals like cows, sheep, horses or even goats are likely owned by farmers or landowners. This means they are owned by a person who is responsible for ensuring they are penned in a field or other appropriate paddock.

Should an animal stray from its pen and venture into the road and this then results in a collision, then a case against the animal’s owner or handler is certainly possible.

Anyone who owns livestock has a responsibility to ensure their animals are contained securely and are prevented from escaping into public areas. If they escape and cause a road accident then you may have a legal right to claim against their owner.

Such claims are not straightforward. We need to show the containment measures were insufficient – we then need to show the owner knew, or ought to have known, that it was likely the animal would escape. A good example of this is seeing evidence of broken or inadequate perimeter fences.

But – if it turns out the animal ventured onto the road because a walker left a field gate open then a case would be very difficult to settle.

What happens if I hit a pet?

If an accident happens as a result of a pet running into the road, such as a large dog, then you may able to make a claim against the owner.

Kind of similar to livestock, you have to prove the animal’s owner failed in their responsibility to control the animal. Sometimes, a claim may be raised against the pet owner if they have home insurance but it depends on their policy and if the owner has any other assets to claim against in order to recover fair damages.

What to do if you hit an animal

No matter what animal is involved in the collision your first priority must be for your safety and that of any passengers.

If you are injured, call for help. If you are blocking the road, then warn other drivers by putting your hazard lights on and standing away from the immediate scene to avoid the risks of other road traffic.

You should report any collisions with animals to the police even if there is no injury or damage to you or your vehicle.

The police will be able to advise you of the next steps. They can also contact the necessary services for the animal’s welfare.

Contact us 

If you would like to talk to someone about an accident that wasn’t your fault, we have the expertise to help. Call us on the number above or click the button below and someone will contact you.

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