Driving on the New York State Thruway can be hazardous under many circumstances. However, one of the most unpredictable risks drivers face in Western New York is the possibility of a deer strike. The region’s rural environment and heavy deer population make deer collisions a serious concern. While deer strikes may seem like unavoidable accidents, the consequences can be far-reaching, especially when it comes to insurance claims and legal matters.
Robert Friedman
Michael Ranzenhofer
Sam Alba
Justin Friedman
John Dracup
The Risk of Deer Strikes in Western New York 
Deer are most active around dawn and dusk, which coincides with peak driving hours. In the rural stretches of the Thruway, drivers frequently encounter deer crossing the roads, sometimes without warning. Given the size of a deer and the speed at which vehicles travel on highways, these accidents often lead to significant damage to cars and, in some cases, injury to the driver or passengers.
Western New York, with its large open spaces, forests, and rural roads, is particularly prone to these accidents. Areas around the Thruway, especially in autumn, see an increase in deer movement as they forage and migrate. During these months, the risk of a collision skyrockets.
Who Is Liable When A Deer Strikes Your Vehicle?
One of the most pressing questions after a deer collision is who is responsible for the damages. In New York, wildlife-related accidents, like deer strikes, are typically considered “acts of nature.” This means that no specific party, like the state or another driver, is usually held directly responsible for the crash. As such, liability often becomes a matter of insurance coverage rather than legal fault.
Under New York law, accidents involving animals are often treated as unavoidable. Unlike collisions with another vehicle, which involve clear parties at fault, the presence of a wild animal doesn’t point to any single individual or entity being responsible. Instead, the responsibility for covering the damages typically falls to the driver involved, as they are the one directly affected.
How Insurance Coverage Affects Liability After a Deer Strike
While there may be no one to hold liable for a deer strike, the financial consequences can be significant. Depending on your insurance coverage, you may or may not be able to recoup the costs of vehicle repairs, medical bills, and other related expenses.
The most important type of insurance in these cases is comprehensive coverage. This type of coverage is specifically designed to handle damages caused by non-collision incidents, including accidents with wildlife. If you have comprehensive coverage, your insurance should cover the damage to your vehicle caused by hitting a deer, minus your deductible.
If your policy only includes liability insurance, you may find yourself in a more challenging position. Liability insurance typically covers damage to other vehicles or property in an accident where you are at fault. However, it will not cover damage to your own vehicle in the event of a deer strike. Therefore, having comprehensive or collision insurance is crucial to protecting yourself from the financial aftermath of such an accident.
If you don’t have comprehensive coverage, you will likely need to cover the repairs yourself or pay for the repairs out of pocket. It is also worth noting that New York is a no-fault state, meaning that your personal injuries from the crash would be covered under your own insurance, regardless of who was at fault.
What to Do After a Deer Strike on the Thruway
A deer strike on the Thruway can be a stressful experience, leaving you shaken and uncertain of what steps to take next. However, it’s essential to stay calm and follow a few important steps to ensure your safety and protect your ability to file an insurance claim.
The first priority after any accident is to ensure your safety and the safety of others. If possible, pull your vehicle to the side of the road to avoid blocking traffic. Turn on your hazard lights to warn other drivers. After ensuring that you are safe, check your vehicle for damage. If there are significant damages or if the deer is blocking traffic, it is important to contact the authorities.
Next, call 911 to report the incident. The police can help clear the scene and provide a report that may be useful when filing an insurance claim. Depending on the severity of the accident and any injuries involved, an ambulance may also be called.
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Documenting the accident is another crucial step. Take photos of the damage to your vehicle, the location of the accident, and any visible injuries. If the deer is still at the scene, photograph the animal as well. Be sure to get the contact information of any witnesses who may have seen the accident. This documentation will be invaluable when filing your claim with your insurance provider.
Filing an Insurance Claim After a Deer Strike
Once you’ve reported the accident to the authorities and taken the necessary documentation, it’s time to contact your insurance provider. Your insurance agent will guide you through the claims process, which may include providing them with the police report, photographs of the damage, and details of the incident.
If you have comprehensive insurance, your agent will help you assess the damage and arrange for repairs. You may need to take your vehicle to a certified repair shop for an estimate before the insurance company can approve your claim.
Even if you do not have comprehensive coverage, it’s still worth contacting your insurer. They may offer guidance on other potential avenues of coverage, such as collision insurance or personal injury protection, depending on your policy.
Preventing Deer Strikes: How to Stay Safe on the Thruway
While it’s not always possible to avoid a deer collision, there are steps you can take to reduce the risk of encountering deer while driving. One of the best precautions is to stay alert when driving through areas known for high deer activity.
Be especially cautious during deer breeding season, which typically occurs in the fall. During this time, deer are more likely to cross the road unexpectedly. It’s also essential to watch for deer crossing signs, which are typically placed in areas where deer are known to travel. These signs are meant to alert drivers to the potential for wildlife on the road, allowing them to reduce their speed and increase their awareness.
Additionally, consider using your high beams when driving at night, especially in rural areas. High beams allow you to see further down the road, giving you more time to react if a deer runs into your path. However, always dim your headlights when another vehicle approaches to avoid blinding the other driver.
If you do spot a deer crossing your path, braking firmly and staying in your lane is usually safer than swerving. Swerving can lead to more dangerous consequences, such as losing control of your vehicle or colliding with another vehicle.
Final Thoughts on Deer Strikes and Liability in Western New York
A deer strike on the Thruway can be a stressful and costly experience, but understanding the dynamics of insurance coverage and liability can help reduce the impact of such an incident. Comprehensive auto insurance is the best way to protect yourself from the financial consequences of hitting a deer. Additionally, following the right steps after the crash—such as ensuring your safety, documenting the scene, and filing a claim—will ensure that you have the best chance of getting the compensation you deserve.
If you’re facing the aftermath of a deer strike or any other vehicle accident, Friedman & Ranzenhofer, PC can help you navigate the complexities of the claims process and ensure you get the assistance you need. Contact us for more information on how we can help.
Disclaimer: This article is for informational purposes only and is not legal advice. Consult an attorney about your specific situation.