Who Is Liable for Injuries in Deer–Vehicle Crashes?

Legally reviewed by:
Rubin, Glickman, Steinberg & Gifford P.C.
April 7, 2025

AdobeStock 221829165Pennsylvania has the second highest number of deer–vehicle collisions in the United States. The result of hitting a deer or swerving to avoid an encounter with wildlife can be disastrous. While deer–vehicle crashes are generally characterized by property damage, many are also dangerous for people. Trauma and damage to the head, neck, back, and limbs can have grave effects on victims’ physical, psychological, and monetary health.

Moreover, car accidents of this sort introduce even greater complexity when it comes to auto insurance and motor vehicle regulations. It is especially difficult to prove concepts of liability and damages because they are not as straightforward. The following information attempts to provide clarity on who may be liable for injuries sustained in collisions with deer.

What Happens If You Hit a Deer in a Car Accident?

Even though hitting a deer can be terrifying, it may be the safest outcome compared to hitting anything else, like an external object or another road user. These collisions can lead to serious accidents, causing significant damage and injuries.

If this happens, your insurance company may step in and cover the damage to your vehicle and any medical bills you accrue due to the accident. The amount your insurance company will cover—if they will cover it at all—depends on your policy type, your insurance’s terms, and the nature of the damage the crash caused.

For instance, if you don’t carry comprehensive coverage and your windshield is cracked during a hail storm, you may have to pay for it out of pocket since it’s not normally covered by non-comprehensive insurance.

When you have comprehensive coverage, the insurance company will help pay for any damages to your vehicle that aren’t caused by a collision. Despite the fact that your insurance may cover your windshield, some policies include high deductibles that need to be met prior to your insurer paying out any compensation.

Liability in Car Accidents Involving Wild Animals

Determining liability in car accidents involving wild animals can be a complex process. Generally, when a driver hits a wild animal, the driver is not considered at fault because the animal’s actions are unpredictable and beyond human control. However, if a driver swerves to avoid a wild animal and subsequently collides with another vehicle or object, they may be held liable for the resulting damages. This is because the driver’s actions directly contributed to the accident.

Additionally, if the accident occurs on private property, the property owner might be held liable if they failed to secure their property adequately or did not provide sufficient warnings about potential hazards. For instance, if a property owner knows that wild animals frequently cross their land and does not put up warning signs, they could be partially responsible for any accidents that occur as a result.

Insurance Coverage for Deer-Vehicle Crashes

Insurance coverage for deer-vehicle crashes can vary significantly depending on the type of policy you hold and the coverage limits. Comprehensive insurance is typically the most relevant in these situations, as it covers damages to your vehicle caused by incidents other than collisions, such as hitting a deer. If you have comprehensive insurance, your policy should cover the repair costs for your vehicle.

Personal injury protection (PIP) or medical payments coverage can help cover medical expenses for any injuries sustained in the accident. If you have this coverage, it will pay for your medical bills up to the policy limits. In cases where a driver swerves to avoid a deer and hits another vehicle or object, collision coverage may be necessary to cover the damages.

It’s crucial to review your insurance policy to understand your coverage options and limits. Knowing what your policy covers can help you be better prepared in the event of a deer-vehicle crash.

Why Deer–Vehicle Crashes Can Be Complicated

Generally speaking, the worst-case scenario and the majority of injuries occur when drivers attempt to avoid a deer. By swerving out of the way, the chances of colliding into someone or something else increase. In essence, these are just regular traffic accidents that may involve a passenger vehicle or truck, motorcyclist or bicyclist, or pedestrian. Though the deer is what caused your car to crash, you cannot hold the deer liable for your injuries. So, what does this mean? And how do you get compensated for your injury expenses?

Such accidents often involve legal complexities, particularly concerning liability and compensation.

Whatever kind of accident a driver gets into, whether it is with a deer or another car, the duty to drive responsibly remains the same. The notion of driving responsibly involves assessing situations, following the law, and taking all necessary steps to minimize risk. Consequently, drivers in Pennsylvania should take precautions on the roads during the breeding season, which is from October through December.

Failure to take precautions may be considered negligence. This includes actions like speeding, ignoring deer crossing signs, being intoxicated behind the wheel, and many other unsafe driving practices. If another driver swerves into you trying to avoid a deer, or perhaps you slowed down to let a deer cross and another driver fails to respond accordingly, a direct result of either scenario can cause serious injuries—and you deserve to be fairly compensated. In other words, the other driver and/or their insurance company may be held liable for your damages in excess of the amount of PIP coverage you have purchased.

What to Do After a Car Accident

After a car accident, your immediate priority should be your safety and well-being. If possible, move your vehicle to a safe location away from traffic. Call 911 to report the incident, especially if there are injuries or significant property damage. If you or anyone else involved in the accident is injured, seek medical attention immediately.

Exchange contact and insurance information with the other parties involved in the accident. Document the scene by taking photos and making notes about the circumstances of the crash. This information can be crucial when filing an insurance claim.

Notify your insurance company as soon as possible to start the claims process. Providing them with detailed information about the accident can help expedite your claim. Additionally, consider consulting with a personal injury lawyer to ensure you receive fair compensation for your damages and to navigate any legal complexities that may arise.

Personal Injury Claims

If you’ve been injured in a car accident involving a wild animal, you may be eligible to file a personal injury claim. A personal injury lawyer can guide you through the process of seeking compensation for your medical expenses, lost wages, and pain and suffering. They can help determine liability and negotiate with insurance companies to ensure you receive a fair settlement.

Personal injury lawyers have the expertise to handle the complexities of such cases, including gathering evidence, assessing the extent of your injuries, and calculating the appropriate compensation. Don’t hesitate to seek legal representation to protect your rights and interests.

Medical Costs and Insurance Requirements

Medical costs for injuries sustained in a car accident involving a wild animal can be substantial. In Pennsylvania, drivers are required to carry a minimum amount of personal injury protection (PIP) coverage, which covers medical expenses up to a certain limit. Once your PIP coverage is exhausted, you may be able to seek additional compensation from another driver or their insurance company if they were at fault.

Reviewing your insurance policy is essential to understanding your coverage options and limits. If you find the claims process overwhelming or are unsure about your coverage, consulting with a personal injury lawyer can provide clarity and assistance. They can help you navigate the process and ensure you receive the compensation you deserve for your medical expenses and other damages.

Safety Tips to Avoid Accidents with Wild Animals in Pennsylvania

You must always keep your eyes on the road when driving. Stay focused when driving in mountainous and forested areas where deer can suddenly appear on the road. This is a situation we see all over Pennsylvania, particularly in the evenings when a direct line of sight to wildlife is not possible.

Listed below are a few safety tips to avoid striking a deer.

  • Don’t swerve in fear of a collision; slow down instead.
  • Deer tend to travel in groups beside the road. If you only saw one deer crossing the street or standing near it, remain alert because there could be others.
  • Deer stare straight at your headlights while crossing the road, but they do not run away because they are often blinded by the headlights. They do the best they can to adjust their vision before continuing walking and completing the crossing.
  • Be extra careful of deer on Pennsylvania roads between dusk and dawn.
  • Take it slow on the roads that have a deer crossing sign.
  • Know which towns and roads have the most deer nearby.

Pennsylvania Injury Lawyers Won’t Let Insurance Company Escape Liability

At Rubin, Glickman, Steinberg & Gifford, we help accident victims secure the monetary recovery to which they are entitled. We have been providing our clients with exceptional legal services since 1952, and that commitment stands steadfast today. In all of our legal matters, our personal injury lawyers always adopt a client-centered approach, allowing us to consistently deliver remarkable results.

Our firm will work assiduously to ensure insurance companies do not delay or undervalue your claim. A top priority for us is to quickly obtain the compensation you deserve. To speak with one of our experienced injury lawyers during a free consultation, complete our confidential online contact form or call (215) 822-7575 today.


Legally reviewed by:
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
April 7, 2025
Established in 1952 by Irwin S. Rubin, Rubin, Glickman, Steinberg & Gifford P.C. boasts over 65 years of experience serving clients throughout Pennsylvania. Renowned for its commitment to ethical representation, the firm has garnered prestigious accolades, including being named the "Best Law Firm" for its outstanding legal defense work by U.S. News & World Report. Their team of seasoned attorneys, recognized as Pennsylvania Super Lawyers and Rising Stars, brings unparalleled expertise to a wide range of legal matters, ensuring exceptional representation for individuals, families, businesses, and organizations.