It’s a tale as old as time in Indiana: You’re driving in the early morning or night and spot two glowing eyes by the side of the road, then a flash of brown dashing across the lanes.
We’ve entered deer season. About 14,000 deer-vehicle collisions are reported in Indiana each year. In the moment, drivers must decide whether to brake or swerve. After, they may face thousands of dollars in vehicle repair fees.
Here’s what you should know when it comes to wildlife on the road, insurance coverage, and safety tips during deer season.
Should I Swerve to Avoid Hitting a Deer?
The short answer is no.
When there is any form of wildlife in the road (except moose, which grow to be 1,600 pounds, the DMV notes) you should not swerve to avoid hitting it.
In many cases, swerving would lead your vehicle off the road or into oncoming traffic — two scenarios much more dangerous than striking a bird, rabbit, deer or other animal. If time allows, you should use your brakes to avoid a collision with wildlife.
In 2020, Indiana drivers were involved in more than 15,000 wildlife collisions. Only four of these were fatal, according to research by the Indiana University Public Policy Institute. The vast majority resulted only in property damage.
However, about 400 crashes where a vehicle ran off the road or struck another vehicle head on were fatal. It is safer to drive with caution and brake than to swerve at the last minute if a deer crosses your vehicle’s path.
Over the past 35+ years, I have represented many clients who were injured by another driver attempting to avoid a deer or other animal. You are better off hitting the animal than swerving into the other lane of travel on the road.
Young people over-correct and swerve off the road, where they hit trees or poles. This often results in death. We have had cases where a driver swerved into the other lane and horrible head-on collisions occurred. We have also represented people who stopped suddenly for an animal and were rear-ended.
Although no one wants to hit an animal, the consequences of trying to miss the animal are often far worse.
When Is Deer Season in Indiana?
Deer are most likely to be out and about between September and December, Indiana Department of Natural Resources says. October and November are particularly dangerous months, as bucks cross roads more often during mating season.
Unfortunately, you’re most likely to confront a deer during your commute to and from work, or during dawn and dusk. When it’s dark out, deer will be harder to see. On foggy or rainy days, you should use extra caution.
Areas where you may spot deer include roads sandwiched between fields and forests, or around parks and nature preserves. And remember: Deer often travel with others. If you see one in the road or beside it, there are probably more nearby.
Wildlife Collision Statistics in Indiana and Across the U.S.
The DMV shares statistics on these collisions, reporting that a collision with wildlife occurs every 39 minutes in the U.S.
If you live in Indiana, you might feel like there are more deer on our roads than in other states. However, it is ranked as 23rd out of 50 states for deer-vehicle collisions. The top 10 states are:
- West Virginia
- Montana
- Pennsylvania
- Iowa
- South Dakota
- Wisconsin
- Minnesota
- Michigan
- Wyoming
- Mississippi
The likelihood that you will strike a deer depends on the state’s deer population, lighting and weather conditions, and whether you’re in a rural or urban area. In Indiana, the odds are about 1 in 145.
Will My Insurance Cover the Cost of a Wildlife-Related Crash?
Insurance is complicated when it comes to collisions with wildlife. Most drivers have minimum auto liability insurance, and this won’t help in a deer-vehicle crash.
Comprehensive car insurance is the form of insurance that may help pay for your vehicle’s damage if you hit an animal. However, it will only be applicable if your vehicle strikes the deer. You’d need collision coverage to repair damage caused by swerving and hitting something else.
The severity of property damage will affect your insurance claim, as well. Comprehensive car insurance will only cover damage beyond your deductible.
Keep Your Eyes Peeled During Deer Season
Paying attention goes a long way in preventing wildlife collisions. Follow these tips to keep yourself and your passengers as safe as possible during deer season.
- Use your high beams to improve visibility and illuminate deer eyes
- If you see “Deer Crossing” signs, drive slowly and cautiously
- Follow the speed limit
- Maintain a safe following distance behind the car ahead of you
- Always wear your seatbelt
If you do see a deer in the roadway, slow down and honk your horn continuously until it moves.
If you strike a deer or another form of wildlife, pull over to a safe spot on the side of the road and turn your hazards on. Once you’re pulled over safely, call the police. Indiana State Police says you must report any crash resulting in $1,000 or more in property damage. Do not get out of your vehicle to approach the animal, as this is dangerous.
Personal Injury Attorneys near You
Attorneys at Craig, Kelley & Faultless are prepared to help victims of car and truck wrecks caused by another driver’s negligence. If you are struck by a driver who swerves into your lane, contact a lawyer as soon as possible.
Reach out to us for a free case consultation at (800) 746-0226 or online.
David W. Craig sits on the Board of Regents of the Academy of Truck Accident Attorneys (which requires the board certification in truck accident law). He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. David is the author of Semitruck Wreck, A Guide for Victims and Their Families, written to help people navigate a terrible situation by answering questions that come after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow Indiana law safety protocol regarding speed, weather conditions, maintenance upkeep, etc.
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