Fall deer activity can create sudden hazards for motorcyclists on New Hampshire roads. Deer move more during the fall breeding season and are often active during morning and evening hours. On wooded roads, rural routes, curves, and areas with limited sight distance, you may have only seconds to respond when a deer enters the roadway.
A deer-related motorcycle crash does not always create a personal injury claim against another person. If another driver was following too closely, crossed the center line, made an unsafe pass, or otherwise contributed to the crash, legal responsibility may extend beyond the wildlife encounter. Road conditions and available insurance coverage may also affect what happens after the collision.
Tenn And Tenn, PA represents injured motorcyclists throughout New Hampshire. The firm can review how the crash happened, who may be responsible, what insurance coverage may apply, and what evidence may support your claim.
Why Fall Deer Activity Creates Added Motorcycle Risks 
Deer live throughout New Hampshire, but fall breeding activity can increase their movement. Deer are also commonly active during the morning and evening, which can overlap with commuting hours and rides that begin or end in lower light.
For you as a motorcyclist, a sudden deer encounter can be especially dangerous because you do not have the protection of an enclosed passenger vehicle. You can suffer serious injuries even when your motorcycle never strikes the animal. Emergency braking, a rapid change in direction, or a collision caused by another vehicle can lead to a crash.
A deer encounter may cause you to:
- Lose traction while braking.
- Slide on wet leaves or damp pavement.
- Move toward another traffic lane while trying to avoid the animal.
- Strike a guardrail, tree, curb, or roadside object.
- Be struck from behind by a driver who was following too closely.
- Encounter an oncoming vehicle that has crossed the center line.
A deer may trigger the emergency, but the facts still need to be examined before anyone decides who was responsible.
James J. Tenn, Jr. Mary Elizabeth Tenn John J. Tenn
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New Hampshire Roads Can Make Deer Hard to See
Many New Hampshire roads run through wooded, rural, and lightly developed areas where deer can enter the roadway with little warning. If you are riding outside Manchester, through the Lakes Region, or along rural routes elsewhere in the state, your visibility can change quickly as the road passes through woods, curves, hills, and roadside vegetation.
Fall can add more hazards. Leaves may cover part of the roadway or shoulder. Rain can reduce traction. Earlier sunsets can place a ride that occurred in daylight during summer into fading light during October or November.
You can review more seasonal motorcycle safety information here:
https://www.tennandtenn.com/new-hampshire-motorcycle-safety-tips/
What Should You Do When a Deer Appears?
No single maneuver is right for every deer encounter. Your safest response depends on your speed, traffic, road conditions, visibility, available space, and the animal’s movement.
Your first priority should be maintaining control of the motorcycle. Controlled braking may be safer than an abrupt steering movement into another lane or toward the shoulder. You should also remain alert for additional deer because more than one animal may be nearby.
A reasonable following distance and active scanning along both sides of the roadway can give you more time to respond. Your speed should also match current conditions, especially when darkness, rain, curves, wet leaves, or limited sight distance reduce your ability to see or stop.
No riding technique can ensure that you will avoid a collision. A deer can stop, turn, or enter the road from an area where you could not reasonably see it.
A deer can create the emergency, but another driver can still be legally responsible for causing or worsening the crash.
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When Another Driver Contributes to a Deer-Related Motorcycle Crash
The presence of a deer does not automatically eliminate another driver’s responsibility.
For example, you may begin slowing after seeing a deer enter your lane. If a driver behind you was following too closely and strikes your motorcycle, that driver’s conduct may be a major factor in the crash.
In another situation, you may need to adjust your position within your lane to avoid a deer. If an oncoming vehicle has already crossed the center line, the other driver’s lane violation may contribute to the collision.
Conduct that may need investigation includes:
- Distracted driving.
- Driving too fast for road or visibility conditions.
- Following a motorcycle too closely.
- Failing to maintain a lane.
- Making an unsafe pass.
- Turning across a motorcycle’s path.
- Driving while impaired.
- Failing to respond reasonably to changing traffic conditions.
When another vehicle is involved, photographs, witness statements, police reports, video, vehicle damage, motorcycle damage, and other physical evidence can help establish what happened.
How New Hampshire Comparative Fault Could Affect a Claim
New Hampshire follows a modified comparative fault rule under RSA 507:7-d. You may still recover damages when your fault is not greater than the fault of the defendant, or the combined fault of multiple defendants. Any damages awarded are reduced in proportion to the percentage of fault assigned to you.
This rule can matter in a deer-related motorcycle crash because an insurance company may argue that you braked too aggressively, changed direction improperly, rode too fast for conditions, or made the wrong evasive maneuver.
The available evidence can help answer those questions. Investigators may review the road layout, sight distance, motorcycle damage, vehicle damage, tire marks, photographs, video, witness accounts, and other facts to determine how much time you had to react and whether another driver contributed to the collision.
For more information about comparative fault in New Hampshire accident cases, visit:
https://www.tennandtenn.com/understanding-comparative-fault-in-new-hampshire-car-accident-cases/
Evidence Can Be Especially Valuable After a Wildlife Crash
A deer-related crash scene can change quickly. The animal may leave the area. Your motorcycle may be towed. Tire marks, leaves, debris, and other physical evidence may disappear. Video from a nearby property may also be overwritten.
If you are physically able to do so without putting yourself at risk, preserve as much information as you can. A family member, witness, or attorney may also be able to help document evidence.
Useful evidence may include:
- Photographs of the roadway and surrounding area.
- Photographs of motorcycle damage.
- Photographs of damaged helmets and protective clothing.
- Tire marks, debris, and roadside damage.
- Witness names and contact information.
- Police reports.
- Medical records.
- Helmet-camera or vehicle-camera footage.
- Surveillance footage from nearby homes or businesses.
- Towing records.
- Repair estimates and invoices.
- Insurance correspondence.
Your motorcycle may also be evidence. Before authorizing major repairs, salvage, or disposal of a badly damaged motorcycle, consider whether the motorcycle may need to be inspected as part of the fault investigation.
More information about preserving motorcycle crash evidence is available here:
https://www.tennandtenn.com/how-to-collect-and-preserve-evidence-after-a-motorcycle-accident/
What Insurance May Cover a Deer-Related Motorcycle Crash?
Insurance coverage depends on the policy you purchased and the facts of the crash.
If your motorcycle directly strikes a deer, comprehensive coverage, if included in your policy, may cover physical damage caused by the animal, subject to the policy terms, deductible, exclusions, and limits. Injury-related coverage raises separate questions and depends on the coverages available under the applicable policies.
If another driver contributed to the crash, that driver’s liability coverage may apply. Uninsured or underinsured motorist coverage may also become relevant when a responsible driver has no insurance or does not have enough insurance to cover the losses, subject to the terms of the applicable policy.
An insurer may investigate:
- Whether another driver contributed to the crash.
- Whether you contributed to the collision.
- The nature and extent of your injuries.
- Whether medical treatment is related to the crash.
- The amount of motorcycle and property damage.
- Which policy provisions, exclusions, deductibles, and limits apply.
You should review the actual policy before relying on an initial explanation of coverage. Policy language and the facts of the collision can affect what coverage is available.
What Compensation May Be Available?
If another person is legally responsible for causing or contributing to your motorcycle crash, you may be able to pursue compensation for losses connected to the accident.
Depending on the facts and evidence, recoverable losses may include:
- Emergency medical treatment.
- Hospitalization and surgery.
- Rehabilitation and physical therapy.
- Future medical care.
- Lost income.
- Reduced earning capacity.
- Motorcycle repair or replacement.
- Damaged riding equipment.
- Pain and physical limitations.
- Scarring.
- Disability.
- Loss of normal activities.
There is no standard settlement amount for a deer-related motorcycle crash. The value of a claim depends on liability, available insurance, the nature of the injuries, medical evidence, financial losses, and other case-specific facts.
If you have significant injuries, it can be useful to understand the expected course of treatment and the effect of the injuries before resolving a claim that requires a final release.
For more information about how injury claims are handled in New Hampshire, visit:
https://www.tennandtenn.com/personal-injury-process-after-an-injury-in-new-hampshire/
What to Do After a Deer-Related Motorcycle Accident
Your health and immediate safety should come first after a serious motorcycle crash. Some injuries may not be fully apparent at the scene.
Depending on the circumstances, useful steps may include:
- Seek appropriate medical care.
- Report the crash to law enforcement when required or when injuries, another vehicle, or significant damage are involved.
- Photograph the scene, motorcycle, other vehicles, debris, road conditions, and visible injuries when you can do so safely.
- Gather witness names and contact information.
- Preserve your helmet, riding gear, damaged motorcycle parts, and other physical evidence.
- Keep copies of medical records, bills, wage records, towing records, repair estimates, and insurance correspondence.
- Notify the appropriate insurer as required by the policy.
- Avoid guessing about speed, distance, timing, or fault when you do not know the answer.
A detailed investigation can help determine whether the deer was the only cause of the crash or whether another driver or another condition contributed.
For information about legal representation after a serious motorcycle collision, visit:
https://www.tennandtenn.com/new-hampshire-motorcycle-accident-lawyers/
Speak With a New Hampshire Motorcycle Accident Lawyer
A deer can enter a New Hampshire roadway with almost no warning. When another driver contributes to the crash, disputed fault and insurance questions can make the claim more difficult to evaluate.
Tenn And Tenn, PA represents injured motorcyclists throughout New Hampshire. The firm can review the circumstances of your crash, available evidence, medical losses, and applicable insurance coverage and explain the legal options that may apply to your situation.
If you or a family member was injured in a motorcycle crash involving a deer, call (603) 614-5055 or visit:
https://www.tennandtenn.com/contact-us/
This article is for general informational purposes only and does not constitute legal advice. Every case is different. You should consult an attorney about your specific circumstances.














