As New Hampshire’s deer season approaches, drivers in the state face an increased risk of encountering wildlife on the roads. The decision of whether to swerve to avoid hitting a deer or hit the deer directly can become a difficult and stress-inducing moment for anyone behind the wheel. Not only are these decisions often split-second, but they can also have significant consequences, particularly when it comes to insurance coverage and determining fault.Understanding the nuances of how fault is determined in New Hampshire and what kind of coverage you can expect when an accident involves a deer is crucial for drivers to ensure they are fully prepared in case of such a collision. In this post, we’ll break down these key points in detail so you can navigate this risk with confidence and knowledge.
The Risks of Deer Season in New Hampshire
New Hampshire is home to thousands of deer, and these animals frequently wander onto roads, especially during their seasonal migrations. As a result, deer-related car accidents are common in the state, particularly during the fall months.However, hitting a deer can be a tricky situation, one where the driver often finds themselves facing a choice between swerving to avoid the animal and risking a collision with another vehicle or hitting a tree, or hitting the deer directly and dealing with the consequences of that. Both of these actions present unique challenges when it comes to insurance claims, fault determination, and potential damage to your vehicle.In New Hampshire, understanding how the law treats these situations and what kind of insurance coverage is available will help you determine the best course of action if you ever find yourself in this situation.
Swerving to Avoid Hitting a Deer: When Can You Be Held At Fault?
When drivers encounter a deer on the road, the natural instinct is often to swerve to avoid hitting the animal. However, swerving to avoid a deer can sometimes result in more significant damage than simply hitting the animal directly.If a driver swerves to avoid hitting a deer and ends up colliding with another vehicle, hitting a tree, or losing control of the car, it may raise questions about fault in the accident. While New Hampshire is a no-fault state for personal injury, meaning your own insurance typically covers your medical expenses regardless of who was at fault, the situation changes when it comes to property damage.New Hampshire law uses the concept of “negligence” to determine fault in accidents, which is the failure to exercise reasonable care. When a driver swerves to avoid an animal, the key question is whether or not their actions were reasonable under the circumstances. Factors like speed, road conditions, and whether the driver was distracted will all play into this determination. If the driver was speeding or not paying full attention to the road when the deer appeared, they may be found partially or fully at fault for the accident. However, if it is determined that swerving was the only option to prevent a more serious accident, fault may not be assigned.Moreover, if swerving to avoid the deer causes the driver to crash into another vehicle, the situation becomes more complex. New Hampshire law will look at whether the crash was preventable or whether it was an unavoidable consequence of trying to avoid the animal. If the crash involves property damage to another vehicle, the driver may be liable for those damages, particularly if it is determined that the driver’s reaction was unreasonable.
Hitting the Deer: What Happens When You Don’t Swerve?
In some cases, drivers might decide that swerving could put them in a more dangerous position, and they opt to hit the deer directly. While this can still lead to significant vehicle damage, hitting a deer is generally considered less complicated from a legal perspective.In New Hampshire, hitting a deer is often considered an unavoidable accident, meaning that fault is usually not an issue in this scenario. Since the driver has no control over the deer’s movement and cannot predict when or where the animal will cross the road, they are typically not held at fault for the incident.However, whether or not the driver can recover damages for the vehicle depends on the type of car insurance they have. This is where the specifics of coverage come into play.
Insurance Coverage: How Do Different Policies Affect Deer-Related Accidents?
New Hampshire, being a no-fault state for injuries, does not require drivers to prove fault for injuries sustained in a car crash in order to receive compensation. However, property damage resulting from an accident—whether from hitting a deer or swerving to avoid one—requires different considerations.If you hit a deer, there are several types of insurance coverage that may apply to the situation. These include:
Comprehensive Coverage: Covering Deer Collisions
Comprehensive coverage, which is often included in full-coverage auto insurance policies, typically covers damage to your vehicle resulting from incidents that are not caused by collisions. This includes natural disasters, vandalism, and, notably, collisions with animals such as deer.If you hit a deer while driving, your comprehensive coverage will likely pay for the repairs to your vehicle. This is especially important, as hitting a deer can cause significant damage to the front end of a car. It’s also worth noting that comprehensive coverage applies regardless of fault. Since the collision was caused by an external factor (the deer), fault is not a consideration in the claims process.However, if you do not have comprehensive coverage, you may have to pay for the damages out of pocket, or rely on collision coverage, which is often more expensive and only applies if you are involved in an actual crash with another vehicle or object.
Collision Coverage: When You Swerve to Avoid a Deer
Collision coverage applies when you are in an accident with another vehicle or object, including if you swerve to avoid hitting a deer and collide with another vehicle or structure. This coverage is essential if your swerving results in property damage, as it will help pay for the repairs to your vehicle, even if you were at fault for the accident.It’s important to note that collision coverage typically requires a deductible, meaning you’ll need to pay a certain amount out of pocket before your insurance kicks in. This type of coverage is vital for drivers who regularly drive in areas with high deer populations, as it provides additional peace of mind if an accident occurs.
Liability Coverage: Damage to Other Vehicles
If you swerve to avoid a deer and cause damage to another vehicle or other property, liability insurance will typically cover the cost of repairs. In New Hampshire, liability coverage is required by law, so most drivers will have this coverage. However, the extent to which the other driver can recover damages depends on the circumstances of the accident. If you are found to be negligent in your actions, the liability insurance will pay for the damages to the other party’s vehicle or property.If you do not have sufficient liability coverage, you may be personally responsible for the costs, which can be significant if there is extensive damage involved.
What Should You Do if You Hit a Deer?
If you hit a deer or find yourself in a car accident caused by a deer, there are several important steps to take in order to ensure your safety and protect your legal rights:
Stop Your Vehicle: Even if the deer runs off, you must stop your vehicle and assess the situation. Failing to stop after hitting an animal can lead to legal consequences.
Check for Injuries: Ensure that you and any passengers are not injured. If anyone is hurt, call 911 immediately.
Call the Police: In most cases, especially if there is significant damage, you should report the accident to the police. They will document the scene and file an official report, which is crucial for insurance purposes.
Take Pictures: Document the scene by taking pictures of the damage to your vehicle, the deer (if it is safe to do so), and any other property damage. This will be helpful for your insurance claim.
Contact Your Insurance Provider: Report the incident to your insurance company as soon as possible. They will guide you through the process of filing a claim and assessing the damage.
Stay Safe: Be cautious of other vehicles, especially if you’ve stopped on the side of a busy road. Move your car to a safe location, if possible, and activate your hazard lights.
How to Prevent Deer-Related Accidents
While deer collisions are sometimes unavoidable, there are steps you can take to reduce your risk:
Stay Alert, Especially at Night: Deer are most active during dusk and dawn, so stay extra alert during these times. Reduce your speed if you are driving in rural areas or areas known for high deer populations.
Use Your High Beams: When there’s no oncoming traffic, use your high beams to better spot deer at a distance. This will give you more time to react.
Don’t Swerve: If you see a deer and there’s no oncoming traffic or obstacles, it’s usually safer to hit the deer directly rather than swerving. Swerving can result in a more severe crash, so it’s often better to brake hard and keep your steering wheel steady.
Deer-related accidents are unfortunately a common issue for New Hampshire drivers, particularly in the fall. The way fault and coverage are determined can vary depending on whether you swerve to avoid the deer or hit it directly. By understanding your insurance coverage options and being aware of how the law works in these situations, you can make informed decisions in the heat of the moment.For drivers in New Hampshire, Tenn And Tenn, PA can provide expert legal advice and help ensure you understand your rights and responsibilities after a deer-related accident. If you find yourself in a similar situation, reach out to Tenn And Tenn, PA for a consultation to ensure that you are fully covered and prepared.
