One moment you’re driving home on a quiet Indiana road; the next, a deer leaps into your headlights. Deer collisions are common across the state, especially in the fall, and they can cause serious injuries, totaled vehicles, and a lot of confusion about what happens next.
Many people assume there’s nobody to hold responsible when a deer causes a crash. Sometimes that’s true, but often it isn’t. In this article, you’ll learn when a deer-related crash can lead to a legal claim, who may be liable, how insurance typically handles these accidents, and what to do to protect yourself after a collision.
Can You Sue Someone If You Hit a Deer?
At Stewart & Stewart Attorneys, we’re often asked whether a deer crash can ever lead to a lawsuit. The answer depends on whether a person or organization’s negligence contributed to the crash. You can’t sue a wild animal, but you may have a claim if another driver, a government agency, or a manufacturer played a role in what happened.
Deer-related crashes generally fall into two categories:
- Single-vehicle collisions with a deer, where the only damage comes from striking the animal. These are usually handled through your own insurance.
- Multi-party crashes, where a deer sets off a chain of events involving other drivers, road hazards, or vehicle failures. These are the situations where a personal injury claim is most likely.
The key question is always the same: did someone fail to act with reasonable care, and did that failure cause or worsen your injuries?
When Another Driver May Be Responsible
Some of the most serious deer-related crashes involve more than one vehicle. A deer may be the starting point, but another driver’s choices can turn a near miss into a devastating collision.
Examples include:
- A driver who swerves into your lane to avoid a deer and hits you head-on
- A driver following too closely who rear-ends you after you brake for a deer
- A speeding driver who couldn’t stop in time when traffic slowed for an animal
- A distracted or impaired driver who didn’t react to hazards ahead
- A commercial truck driver who was fatigued or driving too fast for conditions
Indiana drivers are expected to keep a proper lookout, maintain a safe following distance, and drive at speeds appropriate for the road and visibility. A sudden deer doesn’t excuse a driver who was already driving carelessly. If you were hurt in one of these crashes, our Indianapolis car accident attorneys can help determine whether another driver’s negligence is to blame.
What If You Were a Passenger?
Passengers injured in a deer crash may have a claim against the driver of their own vehicle if that driver was negligent, such as speeding or looking at a phone. However, Indiana’s guest statute (Indiana Code § 34-30-11-1) limits claims by certain passengers riding without payment, including the driver’s parent, spouse, child, stepchild, brother, or sister, and hitchhikers.
Those passengers generally must show the driver engaged in wanton or willful misconduct, a much higher standard than ordinary carelessness. Passengers who aren’t covered by the statute, such as friends or coworkers, can typically bring a standard negligence claim.
Can a Government Agency or Manufacturer Be Liable?
In some cases, conditions outside anyone’s driving decisions contribute to a deer crash or make injuries worse.
Road and maintenance issues. A malfunctioning streetlight, overgrown vegetation blocking visibility, or a poorly maintained road surface could contribute to a crash. Claims involving government entities, however, come with special rules. Indiana law provides government units with certain immunities, and the Indiana Tort Claims Act requires written notice of a claim within strict deadlines: 180 days for claims against cities, counties, and other political subdivisions, and 270 days for claims against the State of Indiana. Missing these deadlines can end a claim before it begins.
Vehicle defects. If your airbags failed to deploy, brakes malfunctioned when you tried to stop, or a seatbelt failed during impact, the vehicle or parts manufacturer may be responsible for your injuries. These are product liability claims, and they often require preserving the vehicle for inspection, so avoid disposing of it until you’ve spoken with a defective product attorney.
Unsure whether your deer crash involved someone else’s negligence? Our auto accident lawyers in Indiana offer free consultations to review what happened and explain your options.
How Does Insurance Handle a Deer Collision in Indiana?
When a crash involves only you and a deer, your own insurance policy is usually where recovery begins. How your claim is handled depends on what exactly happened:
- Hitting the deer is typically covered under comprehensive coverage, which is optional in Indiana. If you only carry liability insurance, damage to your own vehicle may not be covered.
- Swerving to avoid the deer and hitting a tree, guardrail, or ditch is often treated as a collision claim instead, which may carry a different deductible and, in some cases, affect your premiums.
- Medical payments coverage, if you have it, can help cover medical bills regardless of fault.
When another driver is involved, their liability insurance may be responsible for your injuries. If that driver is uninsured or underinsured, your own uninsured/underinsured motorist coverage may help.
Keep in mind that Indiana follows a modified comparative fault rule under Indiana Code § 34-51-2-6. If you’re found partly at fault, your compensation is reduced by your share of fault; if you’re found more than 50% at fault, you cannot recover. Insurers may argue that you were speeding or should have seen the deer sooner, so documentation matters.
What to Do After a Deer-Related Crash
Taking the right steps after a deer crash can protect both your health and any potential claim.
- Move to safety and turn on your hazard lights. Don’t approach an injured deer; a frightened animal can cause serious harm.
- Call 911. Report the crash, especially if anyone is hurt or the vehicle can’t be driven. A police report is valuable evidence.
- Get medical attention. Whiplash, concussions, and other traumatic brain injuries may not show symptoms right away.
- Photograph everything. Capture the vehicles, the road, lighting, signage, skid marks, and the animal if it’s safe to do so.
- Collect contact information from other drivers and any witnesses.
- Notify your insurance company promptly, but be careful with recorded statements to another driver’s insurer.
- Preserve your vehicle if you suspect a defect played a role.
- Keep records of medical visits, bills, repair estimates, and missed work.
Indiana generally allows two years from the date of injury to file a personal injury lawsuit under Indiana Code § 34-11-2-4, but government claims require notice much sooner, so it’s best to act quickly.
How Stewart & Stewart Attorneys Can Help
After a deer crash, it can be hard to know whether you’re dealing with an insurance claim, a lawsuit, or both. At Stewart & Stewart Attorneys, we take time to listen to your story, treat you with respect, and guide you through each step of the process.
Our team can:
- Investigate the crash and determine whether another driver, government entity, or manufacturer shares responsibility
- Gather police reports, witness statements, dashcam footage, and vehicle data
- Handle communications with insurance companies and push back when they try to shift blame
- Meet strict notice deadlines for government claims
- Pursue compensation for medical expenses, lost income, vehicle damage, and pain and suffering
If a deer-related crash left you or a loved one with a serious injury, our Indianapolis personal injury lawyers are ready to help you understand your rights and pursue the recovery you deserve.
Get Answers About Your Deer Crash Today
You don’t have to figure out the insurance process or the law on your own. Let us review what happened and explain your options, with no pressure and no cost for the consultation. Contact Stewart & Stewart Attorneys by calling (317) 983-5915 or visit getstewart.com for a free consultation.
Frequently Asked Questions
Is hitting a deer considered an at-fault accident in Indiana?
Hitting a deer is usually treated as a comprehensive claim rather than an at-fault collision, since the animal caused the damage. However, if you swerve and hit another object or vehicle, your insurer may treat it as a collision claim, and fault may be evaluated differently.
Can I sue another driver if they caused a crash while avoiding a deer?
Yes, potentially. A driver who swerves into another lane, follows too closely, or speeds may be found negligent even if a deer triggered the situation. Indiana drivers must drive safely for road conditions and keep a proper lookout at all times.
Does car insurance cover hitting a deer in Indiana?
Damage from hitting a deer is typically covered under comprehensive coverage, which is optional in Indiana. Drivers who carry only liability insurance may not have coverage for damage to their own vehicle. Medical payments coverage, if included, can help with injury costs.
Should I call the police after hitting a deer in Indiana?
Yes. Calling 911 is recommended, especially if anyone is injured, the vehicle can’t be driven, or the animal is blocking the road. A police report creates an official record of the crash, which can be important for insurance claims and any legal action.
How long do I have to file a claim after a deer-related crash in Indiana?
Indiana generally allows two years from the date of injury to file a personal injury lawsuit. Claims against government entities require written notice within 180 days for local government units and 270 days for the state, so contacting an attorney early is important.