Hit a Deer in Pennsylvania? Insurance, Fault and What to Do
Pennsylvania consistently ranks among the worst states in the country for deer-vehicle collisions, and Northeastern PA's rural roads and highways see plenty of them — especially in fall, around dawn and dusk. Here's how coverage and fault work when a deer is involved.
Hitting a deer: which coverage pays
Damage from hitting an animal is usually covered by comprehensive coverage, not collision. If you only carry liability, your own car damage may not be covered at all. Your injuries are a different story: your own policy's first-party medical benefits pay regardless of fault. See Who Pays My Medical Bills After a Car Accident?
Swerving to avoid a deer
If you swerve and hit a guardrail or tree, that's usually a collision claim, which often carries a different deductible. If you swerve into another vehicle, you may be found at fault for that crash — a sudden emergency can be considered, but drivers are still expected to act reasonably. Safety experts generally advise braking firmly and staying in your lane.
When someone else is at fault
You can't bring a claim against the state for wild animals. But another driver can still be responsible — for example, if they were tailgating and rear-ended you when you braked for a deer, or if they swerved into your lane. Passengers hurt in a deer crash have claims too; see Hurt as a Passenger in a Car Accident.
What to do at the scene
Pull over safely, turn on your hazards and check for injuries.
Don't approach an injured deer.
Call police if anyone is hurt, the car can't be driven, or the deer is blocking traffic.
Photograph the car, the road and where the animal came from.
If police don't respond and the crash involved an injury or a towed vehicle, you may need to file a Driver's Accident Report with PennDOT within five days. See How to Get Your Pennsylvania Crash Report.
If you want to keep the deer, Pennsylvania residents can claim a road-killed deer by calling the Pennsylvania Game Commission within 24 hours.
Neck and back pain often shows up a day or two after a sudden stop. Read Whiplash, Neck and Back Injuries After a Car Accident.
Talk it through with someone local. If you have questions about your own situation, the attorneys at Joyce, Carmody & Moran can review what happened and explain your options. Request a free consultation.
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