As the deer-rut season peaks, more wildlife-related accidents occur, especially along major highways like the New York State Thruway. If you’ve been involved in such an accident, understanding your rights and what compensation you may be entitled to is crucial for your car accident claim.
The Peak of Deer-Rut Season and Its Impact on Thruway Accidents 
Each fall, the New York State Thruway becomes a hotspot for deer-related accidents due to the deer rut season. The rut, which usually peaks from late October to early November, is when deer are most active. During this time, they are more likely to cross highways in search of mates, increasing the chances of accidents. Drivers on the Thruway, especially between Buffalo and Albany, may find themselves at greater risk during these months, particularly around dawn and dusk when visibility is lower.
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Michael Ranzenhofer
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Deer-related accidents can cause significant damage to vehicles, and in some cases, lead to serious injury or even fatalities. Understanding the reasons behind these crashes and knowing how to file an effective claim can make a substantial difference in the outcome of your case.
Why Deer Accidents Are More Common During the Rut
The rut is the annual breeding season for white-tailed deer, and it is a time when their behavior changes drastically. Bucks are more likely to be distracted, chasing does across roads, which is why the risk of collisions is significantly higher.
Several factors contribute to the frequency of deer accidents during this time:
- Increased Mobility: Male deer (bucks) are more likely to roam larger distances during the rut, which means they are crossing highways more frequently.
- Reduced Visibility: Deer tend to be more active at dawn and dusk when visibility is limited, making it harder for drivers to spot them in time to react.
- Unexpected Crossings: Unlike other animals that may avoid roads, deer have a tendency to dart across highways unpredictably. Their lack of reaction to oncoming vehicles increases the risk of collisions.
Knowing these risks can help drivers be more cautious, but it also means that, during this season, car accidents involving deer are more likely to happen. These accidents often result in significant vehicle damage, medical bills, and, in some cases, serious injuries.
Legal Implications of Deer-Related Accidents on the Thruway
If you’ve been involved in a deer-related car accident on the Thruway, several legal factors come into play when filing a claim. In New York, a few laws and guidelines govern car accidents involving wildlife, particularly deer.
Comprehensive Coverage and Insurance Claims
Most car insurance policies include coverage for collisions with animals, particularly under “comprehensive” coverage. This means that if your vehicle is damaged in a crash with a deer, your comprehensive insurance will cover the repair costs or the cost of replacing the vehicle if it’s totaled.
However, the insurance process can be complicated when dealing with wildlife-related accidents. A key factor is whether the insurance company acknowledges the accident as being caused by an animal crossing the road. Always make sure to document the scene thoroughly and provide evidence to support your claim.
Personal Injury Claims
In addition to vehicle damage, accidents involving deer may also cause personal injury. If you or your passengers were injured in the crash, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. A skilled Buffalo car accident attorney can help determine the most appropriate legal path for these claims, especially if injuries were severe.
In some cases, a deer accident may involve more complex legal issues if there are other contributing factors, such as poor road conditions, lack of proper signage, or distracted driving.
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What Can You Recover in a Deer-Related Car Accident Claim?
After a deer-related accident, victims may be entitled to a variety of compensation based on the extent of the damages and injuries. Understanding what types of damages you can recover is crucial for ensuring you are adequately compensated.
1. Property Damage
This includes the cost of repairing or replacing your vehicle. Car accidents with deer can cause severe damage, particularly if the vehicle swerves or crashes at high speeds. Comprehensive car insurance may cover these expenses, but if your claim is contested or denied, you may need legal assistance to pursue the compensation you deserve.
2. Medical Expenses
If you sustained injuries in the crash, medical expenses can quickly accumulate. These can include emergency room visits, surgeries, rehabilitation costs, and long-term care expenses. Whether you were treated for minor injuries or faced more serious trauma, your medical expenses should be factored into your claim.
3. Lost Wages and Future Earnings
In cases where your injuries prevent you from working, you may be entitled to compensation for lost wages. If your injuries are severe and affect your long-term ability to earn an income, you may also be entitled to compensation for future lost earnings.
4. Pain and Suffering
Deer-related accidents can result in more than just physical injuries. Emotional distress, trauma, and anxiety are all factors that can be accounted for in a claim. In severe injury cases, pain and suffering damages can often be substantial, depending on the long-term effects on your quality of life.
5. Loss of Consortium
If your injuries affect your relationship with a spouse or partner, you may be eligible to recover for the loss of companionship, affection, and support. This is particularly common in cases involving serious injuries or disabilities resulting from the accident.
How to Strengthen Your Claim After a Deer-Related Accident
In order to strengthen your car accident claim, particularly when it involves a deer, there are several steps you should take:
- Report the Accident: Always file a police report. Law enforcement officers will document the details of the accident, which will be crucial for your claim.
- Document the Scene: Take photos of your vehicle, the surrounding area, and any other relevant factors. If the deer was present at the scene, take pictures of its location as well.
- Seek Medical Attention: Even if you don’t feel injured immediately, some injuries, such as whiplash or internal injuries, may not be apparent right away. Seeking medical treatment ensures that all injuries are documented.
- Contact a Buffalo Car Accident Attorney: Working with an experienced attorney specializing in car accidents is crucial, especially in complicated cases involving deer. They will guide you through the process and work with insurance companies to ensure you receive the best possible settlement.
Common Insurance Issues in Deer Accidents
While comprehensive coverage may pay for damage to your vehicle, insurance companies are sometimes reluctant to pay for other damages or injuries caused in deer-related crashes. Some common insurance issues include:
- Disputed Liability: Insurers may attempt to argue that the accident was caused by something other than the deer, such as road conditions or driver error. Having proper documentation can help refute these claims.
- Low Settlement Offers: Insurance companies might offer a settlement that is lower than what you deserve. Working with an attorney ensures that you receive a fair offer that covers all of your expenses, including pain and suffering.
At Friedman & Ranzenhofer, PC, we understand the complexities of personal injury claims, especially those involving wildlife-related accidents like deer collisions. Our experienced Buffalo car accident attorneys are dedicated to helping victims recover the compensation they deserve after an accident on the Thruway. If you or a loved one has been injured or your vehicle has been damaged in a deer-related accident, contact us today for a free consultation.