Deer collisions are a common experience for thousands of drivers across the country. But that doesn’t mean we always know what to do if we hit one. Your mind may race with questions about the state of your car and the state of the animal. What happens next? Am I hurt? Can I get off the road? Will insurance cover this? Do I need to call the police?
Typically, the first thing to do after checking that everyone in the car is safe is to call the police. But what happens if you don’t? Is it illegal to drive off without reporting a collision with a deer? At Montlick, we’re here to answer these questions and help you make sense of the aftermath and ramifications of hitting a deer.
Georgia’s Accident Reporting Requirements
Like most states, Georgia law requires specific procedures following an accident or collision. O.C.G.A. § 40-6-273 requires drivers to call the police as soon as possible following an accident involving injuries, deaths, or property damage of $500 or more. The law also requires drivers to remain as close to the accident as is safe until police direct them to leave.
Georgia does have a limited exception when drivers involved in a collision do not need to call the police, found under O.C.G.A. § 40-6-274. Under this law, drivers do not need to notify police of a collision or accident that did not result in injuries and didn’t involve another vehicle or property.
If a driver hits a deer and it doesn’t cause damage to the vehicle or injure anyone in the vehicle, the driver does not need to call the police or notify authorities of the collision. According to O.C.G.A. § 27-3-28, Georgia drivers also do not need to notify police if they hit a deer and wish to take the deer with them. It may be wise to call Animal Control or the police, however, if a deer needs to be moved out of the roadway, in order to prevent subsequent accidents for drivers who come after you.
When Do You Have to Call The Police if You Hit a Deer?
There are various instances, though, when a driver must contact the police after colliding with a deer on Georgia roads. These can include accidents involving only one vehicle and a deer, as well as accidents involving multiple vehicles.
White-tailed deer, the most common species in the Southeast, are large animals when fully grown. The average adult buck weighs in at over 250 pounds. Due to their size, many collisions with deer will result in damages to the vehicle that cost upwards of $500 to repair, requiring notification to the police. If the crash injures occupants or nearby pedestrians, that will also necessitate a call to the police.
There are other instances, though, where the requirements of O.C.G.A. § 40-6-273 will apply. Between 2019 and 2023, there were 2,635 crashes in which deer were the cause of the accident but not the most harmful event. These represent collisions in which a driver may have hit a deer but went on to collide with another vehicle, pedestrian, or object near the road. Since these situations involve other cars and potential injuries, drivers must call the police.
The same is true if a driver collides with a deer, then goes off-road and damages another person’s property. Drivers must notify the police of the accident, and O.C.G.A. § 40-6-271 requires the driver to find and inform the owner of the damaged property to the best of their ability. So, do you need to file a police report when hitting a deer? It depends on the damage, but it’s not a bad idea.
Do You Have to Report Hitting a Deer in Other States?
Georgia is by no means the only state with deer on the roads nor the only state to require that drivers report collisions to the authorities. When you cross state lines, you may be wondering, “Do I have to call the police if I hit a deer?” In states surrounding Georgia, there are significant risks of deer collisions that could trigger mandatory reporting requirements.
Florida
Florida is no stranger to deer collisions and has reporting requirements similar to Georgia. Drivers must notify police if they are involved in a crash that causes injury, death, or property damage of $500 or more, according to Florida Statute 316.065. Drivers must also wait at or near the scene of the accident until police allow them to leave.
Suppose a collision with a deer causes injuries or car damage. In that case, drivers in Florida must help make arrangements to get the injured person to medical treatment, typically by calling for an ambulance to arrive at the scene. These requirements are found in Florida Statute 316.062, which further explains that a driver must share their name, address, and registration number with others involved in the collision.
Alabama
Alabama is a riskier state than Florida when it comes to deer collisions. The state saw thirty human fatalities over a ten-year period between 2013 and 2022. More rural areas and nearly two million deer in the state help explain the increased frequency of deer collisions in Alabama.
Despite the increased risk of deer collisions, Alabama is not as strict as other states regarding mandatory crash reporting. Alabama Code Section 32-10-5 mandates that drivers notify the police if a collision results in injury or death of any person. If there’s damage to the vehicle or the deer only, Alabama law does not require drivers to contact the police.
But, if the deer collision does lead to injuries, drivers must remain at the scene until police arrive. Alabama Code Section 32-10-2 also requires that drivers provide their information to others involved, and assist in securing transportation for medical treatment if the need is apparent or the injured person requests it.
Different laws apply if a deer forces Alabama drivers off the road and causes them to crash into unattended vehicles or property. Alabama Code Sections 32-10-3 through 32-10-4 require drivers involved in crashes like this to notify the owners of the vehicle or property, either by finding them at the scene or leaving a notice on the car in question.
Tennessee
Tennessee’s mandatory reporting laws generally require drivers to report collisions with deer. Drivers will need to report most deer crashes because Tenn. Code Ann. § 55-10-106 requires drivers to report collisions that result in injuries or death and for any property damage above $50. It would be almost unthinkable, though not impossible, to collide with a deer and only sustain $49 or less in damages.
Like other states, Tennessee creates a duty for drivers to share information and assist injured people in securing transportation to medical treatment under Tenn. Code Ann. § 55-10-103. Drivers must help injured persons if they request it or the need is apparent. These requirements are also specifically applied beyond roads where deer collisions are most common. They also apply to shopping center parking lots, trailer parks, apartment complexes, and anywhere else people generally drive.
North Carolina
North Carolina is a high-risk state for deer collisions with a mix of urban centers connected by rural state highways. It follows the pattern of many of its neighbors regarding notice of collisions. North Carolina G.S. 20-4.01 defines a “reportable crash” as any crash involving a motor vehicle that results in injury, death, or property damage of $1,000 or more. Drivers must notify police of any reportable crash on North Carolina roads.
Despite the higher damage threshold, North Carolina law would still require notifying police for many of the collisions with deer in the state. Also, like other states, North Carolina G.S. 20-166 mandates that drivers share information including their name, address, license plate number, and license number of their vehicle. Drivers must also provide reasonable assistance to help an injured person, like calling for medical aid. As with other states, that applies if the need for treatment is apparent or the injured person requests that assistance.
South Carolina
Another high-risk state for deer collisions is South Carolina, where such crashes are rising. The increase in collisions hasn’t led to any significant changes in legislation, though. South Carolina drivers are subject to mandatory reporting requirements similar to those in other states. South Carolina Code Section 56-5-1260 requires drivers to notify police of any accident that results in injuries or deaths. The current code does not require drivers to notify police immediately if there is only property damage.
However, the subsequent code section, South Carolina Code Section 56-5-1270 requires drivers to file a report with the Department of Motor Vehicles for any accident that resulted in injury, death, or property damage of $1,000 or more which the police did not investigate at the time. The report must be filed within fifteen days of the accident occurring. If a driver does collide with a deer, they may not have to call the police right away, but they may need to file a report once they get off the road and reach their destination.
Do I Need a Police Report if I Hit a Deer?
Although there are some instances where it is not legally required to notify police or other law enforcement after striking a deer with your vehicle, it may be in your best interest to contact the authorities. Calling the authorities ensures a police report is filed and helps get the deer safely removed from the road.
Your Insurance Claim
In the event of a collision with a deer, there will likely be significant damage to the vehicle. Auto insurance policies with comprehensive coverage generally include coverage for deer collisions. An insurance policy that only covers liability likely won’t be of much use in the event of a deer collision, as it only covers damages caused to other vehicles.
If the crash causes injury to you or others in the vehicle, personal injury protection (PIP) coverage can help cover the medical expenses associated with the injuries. States, like Florida, require PIP coverage for drivers as part of their no-fault insurance system. Insurance in other states may also offer Medical Payments coverage to assist with medical expenses as well.
When you file a claim, the insurance company will want to verify and substantiate your claim. They want to know that what you say happened, did in fact, occur. Submitting a police report alongside your claim can strengthen it and lead to a smoother claims process. Insurance companies prefer a police report because they trust the objective and credible viewpoint a police report provides.
What Happens if You Hit a Deer and Don’t Call the Police?
Notifying authorities as soon as possible can also help to limit your liability exposure. Drivers who suffer damages or injuries as they swerve to avoid the carcass obstructing the road may look to the person who initially hit the deer for compensation. While it may be difficult for other drivers to find who struck the deer initially, reporting the collision is a safer way to limit liability.
Reporting a deer collision can also be courteous. Notifying the authorities of a deceased deer on the road immediately after the collision can help remove the deer faster. Taking the time to report the crash will ease the burden on other drivers, as they won’t have to avoid the carcass on the road. It can also prevent a gruesome pileup of scavengers on the highway.
When and Where Deer Collisions Occur In Georgia
Although a deer darting across the roadway may seem random at first, deer collisions follow predictable patterns based on the time of day and month of the year. Between 2019 and 2023, there were 61,321 deer strikes, with most occurring on clear, dark autumn nights. These collisions are tied to deer behavior, road conditions, and human error.
Season
Motorists are most likely to strike deer during “rutting season” or mating season for deer. During mating season, bucks are more active as they look for females. This period of hyperactivity means more deer moving around with less caution than at any other time of year. In Georgia, the rut generally runs from October through January. The exact timing of the peak can vary from county to county, but it’s usually early to mid-November for most of Georgia.
Time Of Day
Deer collisions are also tied to the time of day, with collisions most common between 12 a.m. and 7 a.m., when it’s still dark. The early morning peak correlates with the end of Daylight Savings Time, which occurs every November. It also correlates with the typical behavior of deer, who are most active at dusk and dawn. During those periods, drivers tend to be the most tired and least observant.
Counties With the Most Deer Collisions
Some counties in Georgia have busy roads with enough vegetation alongside them to support deer populations. The combination can lead to more deer collisions than anywhere else in the state. According to the Georgia Department of Transportation’s Crash Data Portal, the counties that saw the most deer collisions between 2019 and 2023 were:
- Fayette County with 1,968 reported collisions.
- Henry County with 1,749 collisions.
- Gwinnett County at 1,721 collisions.
- Hall County with 1,585 reported collisions.
- Baldwin County with 1,394 collisions.
Fayette, Henry, Gwinnett, and Hall Counties are all within the Atlanta Metropolitan area, which leads to heavy traffic on roads that cut through deer populations. The increased traffic on urban and rural roads increases the likelihood of deer collisions.
Preventing Deer Collisions
Although deer can move fast and appear on the road in an instant, drivers can take steps to decrease their chances of striking one. Knowing when and where deer tend to be active can alert drivers to scan the sides of the road for them. If the driver or passengers see deer, the driver should honk their horn to scare off nearby deer and clear them away from the road.
Drivers should also slow down and come to a stop whenever they see a deer ahead on the road. Deer are small herd animals and multiple deer may attempt to follow the initial deer across the road. Avoid an accident by waiting until all visible deer in the area appear to have crossed.
It’s best practice not to swerve to avoid a deer, as this may cause more damage to you, your vehicle, or other drivers on the road. Consult the Georgia Drivers Manual for more assistance in avoiding and managing collisions with deer.
Real Help Begins Here®
The sudden burst of chaos caused by a deer collision can have consequences far beyond the split-second moment of impact. A head-on collision with a deer can damage a vehicle significantly, not to mention cause life-altering injuries to the driver and passengers.
When these collisions occur, the last thing you or your family want to suffer through is denial and doubt from an insurance company. Getting back to normal starts with getting the care, treatment, and respect you deserve. When that’s denied, it’s time to fight for justice.
At Montlick, we understand how life can feel completely turned upside down after a collision. Our experienced team of car accident attorneys takes the time to listen to their client’s stories, understand their pain and frustration, and make a plan to secure just compensation.
Contact us today to see how Montlick can make a difference. Your initial consultation is free.
