In the blink of an eye, a deer can run out into the road without any warning. When they do, you may be able to swerve and react, getting out of the way and avoiding striking the animal. Or, you may not. In these situations, it is very common for drivers to suffer serious injuries and damage to their vehicle from what seems like an impossible situation.
Springtime accidents related to deer or other animals are very common. When they happen to you, knowing what to do and how to seek compensation for your losses can prove valuable. An experienced Philadelphia car accident lawyer from Kwartler Manus can help you understand the situation.
Who Is Responsible When an Animal Causes an Accident
In the ideal situation, you and every other driver will avoid collisions with deer. That is not always possible, though. There are a few factors to consider in these cases to determine fault after an accident. First, if you strike a deer or other animal in the roadway, and no one else is present, you may be able to file a claim with your comprehensive insurance if you purchased a policy through your insurance provider prior to the incident. This policy covers you when you strike objects.
If you are in an accident with another vehicle because of the deer, the process becomes a bit more complex.
- It is unlikely that the driver who struck the animal will be found at fault. That means you are unlikely to face fines or citations under the policy.
- The insurance company will treat this as a no-fault accident. That means liability insurance is not at play, but comprehensive insurance is. However, while all drivers must maintain liability insurance, there is no law that requires comprehensive coverage. If you do not have comprehensive coverage, you may not have access to coverage.
- If another driver strikes you as they try to avoid hitting a deer, they may still be liable for your losses. That depends on the situation. For example, if the driver swerved into your vehicle to avoid the animal, they could be facing liability, and you can file a claim against their liability insurance.
- If you swerve to avoid striking the deer, and you hit a guardrail instead, you may have incredible damage to your vehicle. In this situation, your collision insurance, if you have it, may apply. That is because you collided with the guardrail. Not everyone carries collision insurance.
- Reckless driving played a role. If another driver strikes you while speeding, making an illegal lane change, or tailgating you, then you can file a claim against them for the losses you suffered. Follow the same process you would for any other accident.
This process gets confusing when multiple factors are at play. In most situations, it is best to pull over to the side of the road and then contact the police. Wait for medical support and for law enforcement to gather all the evidence in your case.
Compensation After Someone Strikes You Due to a Deer
Another driver swerved rapidly at the last minute, striking you in a head-on collision. As a result, you could be facing serious injuries and significant property damage. It may not seem like the other driver is at fault, but the reality is, they struck you, and that means they may be responsible for the damages you have. In these situations, take the following steps to protect yourself from further damage and losses:
- Move to the side of the road and call the police. It is important to stay at the scene of the accident until the police arrive if there are any injuries or serious damage to any vehicle.
- Exchange information with the other driver. Avoid making any statements about fault. Make sure to document anything the other driver says to you that could imply fault, such as “I looked up and saw the deer…” Document anything you saw them doing as well, such as texting or eating behind the wheel.
- Take photos of the vehicle damage and any debris in the roadway. Make sure to document the damage to the other vehicle as well. Photos and video work well for this.
- Get medical care immediately. You may not know what your injuries are just yet. Concussions, whiplash, and even broken bones can be challenging to notice right away. Be sure to tell the ER what happened so they can complete necessary testing.
- Contact an attorney immediately. In cases of serious injury and losses, it is imperative that you seek guidance from an attorney.
Always focus on getting medical care and following up with doctors. You will need to inform the insurance company of what occurred, but your legal team can handle that process for you instead. We strongly encourage you to avoid making any statements to the insurance company about what occurred.
How Our Car Accident Lawyer Can Help You
Dealing with insurance companies is challenging even in the most basic cases. By hiring our car accident lawyer, you face less risk and have more confidence as you move your case forward. Schedule a free consultation with Kwartler Manus now. Let us investigate, develop a claim, and seek compensation from any responsible party.
We would be happy to offer a free consultation with our car accident lawyer in Philadelphia so you can learn more about your rights. Contact us now.