Who Pays for Injuries After a Deer-Related Car Accident in Georgia?

A deer-related car accident in Georgia can involve more than one type of insurance claim. If your vehicle directly hits a deer, comprehensive auto coverage commonly applies to damage to your vehicle, subject to the terms and deductible in your policy. If you are injured and no other driver caused the crash, medical payments coverage, health insurance, or other first-party benefits may help with medical expenses.

The answer can change when another driver contributes to the collision. A driver who follows too closely, speeds, crosses the center line, makes an unsafe lane change, or loses control while reacting to a deer may be responsible for injuries and other losses caused by that negligence.

If you were hurt in a Georgia crash involving a deer, Princenthal, May & Wilson LLC can review how the collision happened, identify available insurance coverage, and help you understand your legal options.

Learn more about Georgia car accident claims:
https://www.princemay.com/georgia-car-accident-lawyers/

Why Deer-Related Crashes Are a Serious Risk in Georgia

Deer can enter Georgia roads at any time of year, but fall is a peak period for deer movement. The Georgia Department of Natural Resources reports that deer activity increases during the fall breeding season, which generally occurs from October through late December depending on location. Deer are also especially active around dawn and dusk, when many drivers are commuting.

Drivers may encounter deer on rural roads, suburban streets, and major commuter routes. Areas near wooded land can create a higher chance of an unexpected encounter, but deer can also appear close to developed areas.

When a deer enters the roadway, a driver may have only a short time to react. Braking, swerving, or changing lanes can create a second danger when other vehicles are nearby.

A deer may create the emergency, but the actions of the drivers can still determine who is legally responsible for the resulting injuries.

Adam Princenthal

Attorney At Law

David May

Attorney At Law

Matthew Wilson

Attorney At Law

Who Pays When Your Car Hits a Deer Directly?

If your vehicle directly strikes a deer, comprehensive auto insurance is usually the coverage to review for damage to your vehicle.

Comprehensive coverage is generally used for certain losses that do not involve a traditional collision with another vehicle or object. Animal strikes, including collisions with deer, are commonly handled under this coverage.

A few points matter:

• Comprehensive coverage is optional under state law.
• A lender or leasing company may require comprehensive and collision coverage when a vehicle is financed or leased.
• A deductible may apply before the insurer pays a covered vehicle-damage claim.
• Comprehensive coverage generally applies to vehicle damage, not bodily injury expenses.
• A driver who carries only required liability coverage may not have first-party insurance that pays for damage to that driver’s own vehicle after a deer strike.

Coverage always depends on the language, exclusions, limits, and deductibles in the individual policy.

Who Pays Medical Bills After a Deer Accident?

When a deer is the only cause of a crash, there may be no negligent driver whose liability insurer can be required to pay the injured person’s damages.

Possible sources of payment for medical care can include:

• Medical payments coverage under your auto policy, if you purchased it
• Health insurance
• Other applicable first-party insurance benefits
• Personal funds for deductibles, copayments, or uncovered treatment

Medical payments coverage can help pay covered medical expenses for a driver or passenger after a vehicle accident, subject to the policy limits and terms.

Health insurance may also pay for treatment. Deductibles, copayments, reimbursement rights, liens, and plan terms can affect what must be paid or repaid.

The firm’s Georgia car accident page explains how health insurance and medical payments coverage may be involved after a crash:
https://www.princemay.com/georgia-car-accident-lawyers/

After a car accident, I contacted David May at the Lagrange office. He, and his staff, helped me with medical advice and follow up doctors visits, along with dealing with my insurance and the insurance of the woman that hit me. I have been very pleased with the service I received from David May and the Lagrange staff. They are warm and open, always there to help with advice and answer questions.”

- Debau

I highly recommend Adam Princenthal .I was looking for someone with years of experience in personal injury.They needed to be knowledgeable, transparent and honest.I wanted to know I was dealing directly with the lawyer I hired.Adam Princenthal could answer all the difficult questions and phone calls were returned.Adam got the settlement I was looking for in a timely manner."

- Nancy K.

I am glad that I was referred to Princenthal & May. Matthew met with me and gained my trust with the case. I was never left in the dark on any matters, My phone calls were either answered or returned quickly. The office staff are very friendly as well. My case was settled, with both Matthew and Adam present. Both are very professional in their work.. They work for you !!!"

- Jacque Minor

What If Another Driver Caused the Crash?

A deer entering the roadway does not automatically excuse negligent driving.

For example, you may brake because a deer runs across the road. A driver behind you may cause a rear-end collision because that driver was following too closely or traveling too fast to stop safely.

In another situation, a driver may swerve across the center line while trying to avoid a deer and strike an approaching vehicle.

In both examples, the deer may have triggered the emergency, but a driver’s conduct can still become part of the liability analysis.

Potential examples of negligent driving include:

• Following too closely
• Speeding
• Driving too fast for traffic, visibility, or road conditions
• Distracted driving
• Crossing the center line
• Making an unsafe lane change
• Failing to maintain reasonable control of the vehicle
• Driving while impaired

If another driver’s negligence caused your injuries, that driver’s bodily injury liability coverage may be one source of compensation.

What If the Other Driver Has Little or No Insurance?

A negligent driver may have no liability insurance or may not have enough coverage to address the injuries caused by the crash.

Uninsured motorist or underinsured motorist coverage may become relevant when the injured person’s policy includes that protection and the claim meets the policy requirements.

This coverage is generally intended to protect an insured person when an at-fault driver has no liability coverage or insufficient liability coverage.

A direct collision with a deer, by itself, does not mean that you have an uninsured motorist claim. The circumstances of the collision and the involvement of another driver matter.

Read more about claims involving uninsured drivers:
https://www.princemay.com/injured-by-a-driver-without-insurance/

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What Happens If You Swerve to Avoid the Deer?

The type of vehicle-damage coverage that may apply can depend on what your vehicle actually strikes.

If your vehicle hits the deer, comprehensive coverage commonly applies to covered vehicle damage.

If you swerve and hit a tree, guardrail, median, utility pole, fence, or another vehicle, collision coverage may be the coverage that applies to damage to your own vehicle.

Liability can also become more complicated when swerving causes a collision with another person or vehicle.

Insurers, attorneys, and accident investigators may examine:

• Vehicle speed
• Braking distance
• Lane position
• Visibility
• Road and weather conditions
• Witness statements
• Vehicle damage
• Tire or skid evidence
• Dash-camera or nearby video
• The sequence of impacts

The sudden appearance of a deer does not automatically determine fault.

Georgia wildlife officials advise drivers not to swerve when a collision with a deer is unavoidable because swerving can lead to loss of control or a collision with another vehicle. Drivers should reduce speed, maintain their lane, and focus on avoiding a more dangerous secondary crash.

How Georgia Comparative Fault Can Affect a Claim

Georgia uses a modified comparative fault system under O.C.G.A. § 51-12-33.

If you share responsibility for an accident, your damages can be reduced in proportion to your percentage of fault. Under the statute, a plaintiff who is 50 percent or more responsible for the injury or damages cannot recover damages.

Consider a crash in which one driver crosses the center line while avoiding a deer, but the injured driver was also speeding. The parties may dispute whether both drivers contributed to the collision and what percentage of fault should be assigned to each person.

Evidence can become critical when fault is disputed. Useful evidence may include:

• Scene photographs
• Dash-camera footage
• Witness statements
• Police reports
• Vehicle data
• Roadway evidence
• Medical records
• Repair records

What Should You Do After a Deer-Related Car Accident?

Your safety and medical needs come first.

Move out of active traffic when you can do so safely. Check yourself and your passengers for injuries. Request emergency assistance when emergency assistance is needed.

When conditions allow, take practical steps to preserve information about the crash:

• Photograph the vehicles, road, debris, lane markings, and surrounding area.
• Photograph the deer from a safe distance if you can do so without putting yourself at risk.
• Record the location and approximate time of the collision.
• Exchange insurance and contact information with other involved drivers.
• Ask witnesses for their names and contact information.
• Preserve dash-camera footage and mobile video.
• Seek medical attention if you are injured or develop symptoms.
• Notify your insurance company as required by your policy.
• Keep repair estimates, towing bills, medical records, wage records, and insurance correspondence.

Do not approach an injured deer. A frightened or injured wild animal can react unpredictably.

More information about steps after a crash is available here:
https://www.princemay.com/what-to-do-after-a-car-accident/

Be Careful When Speaking With an Insurance Adjuster

An insurance adjuster may contact you soon after the crash and ask detailed questions about what happened.

Common questions can include:

• How fast were you driving?
• When did you first see the deer?
• Did you brake or swerve?
• What did your vehicle strike?
• When did your pain or other symptoms begin?

Give accurate information, but do not guess about speed, distance, timing, fault, or injuries that have not been fully evaluated.

A statement given shortly after a collision may later be compared with medical records, photographs, video, witness accounts, vehicle data, and other evidence.

Before giving a detailed recorded statement or signing a release, learn more about communications with an insurer:
https://www.princemay.com/speaking-to-an-insurance-adjuster-after-a-car-accident/

What Compensation May Be Available If Another Driver Was Negligent?

If another driver’s negligence caused or contributed to your injuries, you may be able to seek compensation for losses supported by the facts and evidence.

Depending on the case, recoverable damages may include:

• Past medical expenses
• Reasonably necessary future medical treatment
• Lost wages
• Reduced earning capacity
• Physical pain and suffering
• Other losses caused by the collision

There is no standard value for a deer-related car accident claim.

The value of an injury claim can depend on the severity of the injuries, treatment needs, evidence of fault, insurance coverage, lost income, future medical needs, and comparative fault issues.

Learn more about Georgia personal injury claims:
https://www.princemay.com/georgia-personal-injury-lawyers/

How Long Do You Have to File a Georgia Injury Claim?

Under O.C.G.A. § 9-3-33, actions for injuries to the person in Georgia generally must be brought within two years after the right of action accrues.

That two-year rule does not apply the same way to every possible claim. Different deadlines, tolling rules, or pre-suit notice requirements can apply depending on the facts and the parties involved, including some matters involving government entities.

Evidence can also become harder to preserve as time passes. Video can be overwritten, vehicles can be repaired, physical evidence can disappear, and witnesses may become more difficult to locate.

Prompt investigation can help preserve evidence needed to determine how the collision occurred.

How a Georgia Car Accident Attorney Can Help

A deer-related crash can look like a simple animal collision at first. The insurance and liability issues can become more involved when the full sequence of events is reviewed.

A Georgia car accident attorney can help by:

• Investigating whether another driver contributed to the collision
• Identifying potentially available insurance policies
• Preserving photographs, video, vehicle data, and witness information
• Reviewing medical records and accident documentation
• Communicating with insurers
• Evaluating comparative fault arguments
• Determining whether the matter involves a first-party insurance claim, a negligence claim, or both

That distinction can affect which insurance policies may apply and what forms of compensation may be available.

Talk With a Georgia Car Accident Attorney

If you were injured after a deer entered the roadway, the key question may involve more than the animal itself. How each driver reacted, what caused the impact, and what insurance coverage applies can determine who may be responsible for your losses.

Princenthal, May & Wilson LLC represents injured people throughout Georgia and has offices in Sandy Springs and LaGrange. You can speak with the firm about the circumstances of your crash and the insurance issues involved.

Contact the firm:
https://www.princemay.com/contact-us/

This article is for general informational purposes only and does not provide legal advice. Every case is different. You should speak with an attorney about the facts of your situation.