Depending on where you live, late fall might be the most dangerous time on the roads, for one reason: deer season. In some areas, deer are even more dangerous than other vehicles—particularly at night, when it’s harder to see them.
State Farm estimates that there were more than 1.6 million animal-vehicle collision claims across the United States between July 1, 2025 and June 30, 2026. The insurer paid $1.9 billion in animal-vehicle claim costs during that period.
Typically, the most dangerous months for animal-vehicle collisions are November, October, and December, respectively. State Farm’s latest report also cites the Insurance Institute for Highway Safety, noting that there were 210 human fatalities in 2024 in crashes involving animals.
Most deer-season insurance claims are for dented hoods and repair bills, but there are also injuries that can happen. A legal question of liability becomes more complex when a driver hits another car because they were swerving to avoid a deer.
Are you liable if you cause a crash because you were avoiding an animal hazard on the road?
Hitting the deer vs. swerving: why insurance treats them differently
A direct collision with a deer is usually not considered an at-fault accident because most insurers view wildlife strikes as difficult to avoid. Typically, damage from an animal accident is paid under comprehensive coverage, which is part of your policy for non-collision events like animal strikes, theft, and falling objects. Insurer GEICO notes that without comprehensive coverage, you’d pay out of pocket for those types of damages.
But if you swerved to avoid a deer, your claim is different. If you swerve and hit a tree, guardrail, or another vehicle, your car’s damage falls under collision coverage, rather than comprehensive. Either way, you will likely pay your deductible.
The difference is about fault. A driver has a duty to maintain control of their vehicle. If a swerve causes the driver to lose control and strike another car, that driver could be considered at fault, which might give the injured people in the other vehicle a claim against them. This is why advice from safety advocates seems counterintuitive: State Farm recommends braking firmly and remaining in your lane when an animal enters your path, because a swerve could cause a loss of control or collision with another vehicle.
Who’s at fault if there’s a deer crash involving multiple vehicles?
A court would evaluate this type of crash using ordinary negligence rules. The key question is whether each driver acted as a reasonably careful driver would have in the same situation.
Many states apply the sudden emergency doctrine. This rule says that a driver who faces an emergency they did not create isn’t negligent if they respond as a reasonably careful person would. In one Colorado case, a driver on Interstate 70 slowed for a bighorn sheep in her lane and was rear-ended by a truck driver who was following too closely. Initially, the jury assigned her 30% of the fault. But the appeals court reversed the finding, holding that the following driver was fully responsible. The initial driver’s full award of $170,000 was restored.
The fact that this doctrine exists doesn’t mean there’s automatic protection, however. In a 2021 case out of Orchard Park, New York, a driver stopped when a dog ran into the road, and the driver’s vehicle was rear-ended by a motorcyclist (Blajszczak v. McGhee-Reynolds). The court agreed that the dog created a sudden emergency. However, it held that it was for the jury to determine whether stopping abruptly was a reasonable response, especially since the motorcyclist’s expert testified that drivers should avoid sudden stops for small animals.
The outcome will depend on the facts. Another New York case involved a driver who stopped abruptly when several deer walked into the road, and the driver was rear-ended. The court held that the sudden stop gave the following driver a non-negligent explanation for the crash. The jury’s verdict for that driver was upheld. (Forget v. Smith)
What are the deciding factors in these cases?
Courts can be unpredictable, but in general, these factors tend to decide these types of cases:
- Each driver’s speed and following distance
- Whether either driver was distracted or impaired
- How much time the driver had to see and react to the animal
- Whether the swerve or stop was a reasonable response
What should injured passengers know about their rights?
Often, the passenger is the person injured or injured most seriously in this type of crash—and the passenger is almost never at fault. The passenger might have a claim against the driver of the car in which they were riding, the driver of another vehicle, or both—even if the driver is a friend or family member. Typically, these types of claims are paid by insurance; they don’t come out of the driver’s pocket.
However, there are instances when none of the drivers involved was careless. Smith v. Allen, a 2015 New York case, involved a car that struck a deer at dusk and threw it onto the hood of an oncoming truck. A passenger in the truck was seriously injured, but the court dismissed her lawsuit because there was no evidence that either driver could have seen the deer in time, or was speeding or distracted. In those types of cases, an injured person would need to rely mainly on their own insurance coverage.
And, state insurance rules matter. In New York, an injured passenger generally turns first to the no-fault coverage on the car they were riding in for medical expenses and lost wages, regardless of who caused the crash. In order to file a lawsuit for pain and suffering, an injured person would be required to show a “serious injury” as defined in New York Insurance Law § 5102(d) or economic losses of more than $50,000. Other states have different rules, including medical payments (MedPay) coverage and other traditional fault-based claims.
What to do after a deer- or animal-related crash
Ultimately, we can’t file a lawsuit against a deer.
But if you were injured because a driver swerved, stopped unreasonably, or wasn’t paying attention, you could be entitled to compensation for your damages. If no one was careless—it was a true act of nature—knowing which coverage applies can still make a difference for how you recover costs. These cases depend on detailed facts and state law, so your best bet is to seek a lawyer’s guidance as soon as possible after a crash.