Every so often I have clients call me about possible injury claims they might have when a deer runs into the roadway and causes an accident. I am not talking about claims for the actual collision with the deer - unfortunately, there is no way to make a claim against the deer. What I am talking about is when a deer runs into the roadway and is struck and the driver then loses control of their vehicle and causes an accident by leaving their lane of traffic. This can also happen when a driver causes an accident not after hitting the deer, but by steering to avoid the deer.
As a Georgia injury lawyer, my general attitude is that drivers on Georgia roads must keep their vehicles under control while operating them. But, having previously defended drivers in these situations, I am the first to recognize that if a deer runs out into the road and the vehicle hits the deer and the driver then loses control of the vehicle, a jury may find the driver did nothing wrong. The Georgia rules of the road, however, require (1) that drivers keep their vehicles under control at all times, (2) that they maintain their lane, and (3) that they not drive too fast for conditions. I think in the situation where the driver does not hit the deer, but swerves out of the lane to avoid the deer and strikes another vehicle, the driver would be liable to those injured in the other vehicle. Even though I like and enjoy wildlife, I don't think the decision to avoid a collision with an animal should be made if the consequences are injuring or killing a human being.
It is a more difficult question when the driver actually hits the deer and then loses control of the vehicle. Of course the three rules of the road are still violated; the problem is a jury may find that the driver could not have done anything different. The facts of the actual incident will be very important to convince a jury that the driver should be liable. One of the main things to look at is evidence that the driver was speeding. Long skid marks, severe property damage and witness testimony can all be used to show that the driver was speeding when the deer entered that roadway. If a jury believes the driver was speeding, it is much less likely it will give the driver a pass for causing the accident even if a deer started the chain of events.
I also think that most drivers should know that when driving on rural dark Georgia roads, there is a very real possibility that a deer may dart across the road at any time. Because of this, I think that such drivers should proceed under the speed limit and keep a hyper diligent lookout deer or any other nocturnal wildlife.
There is no doubting that making claims against drivers who cause accidents after having deer dart in front of them or hit them can be very difficult. But, sometimes the injuries are so catastrophic or individuals are killed, that I am asked to try to recover damages for the victims in these cases. If you have this type of case, please contact me to discuss the possibility of making successful injury or wrongful death claims.
