During the Fall, it’s not uncommon to cross paths with deer, raccoons, foxes, and other wildlife while driving in the Quad Cities. If an animal darts out in front of your car, the first thing you will likely do is swerve to avoid it. While this is many people’s first instinct, swerving to avoid an animal is dangerous and can lead to car accidents, catastrophic injuries, and more. The Quad Cities’ personal injury lawyers at Winstein, Kavensky & Cunningham review what you need to do if you’ve been struck by a driver swerving to avoid an animal.
A Driver Swerving to Avoid an Animal Hit Me. Who Is Liable?
When another driver swerves to avoid an animal and ends up hitting you, many questions arise; will insurance cover the cost of damages, and most importantly, who is liable for the accident? From the swerving driver’s point of view, they did the right thing.
Nonetheless, the driver who swerved to avoid an animal is liable for the accident, damage to your car, and any injuries sustained.
Suppose you’ve been in a car accident caused by a driver swerving to avoid an animal. In that case, you have the right to call a personal injury attorney and seek compensatory damages like pain and suffering, covering the cost of medical bills, and payment for property damage.
If the driver who caused the accident does not have insurance or adequate car insurance coverage, you may be able to file a claim using your Illinois or Iowa underinsured and uninsured motorist coverage.
What to Do After an Accident Involving an Animal
Typically, you should handle a car accident involving an animal as you would after getting into a standard car accident. However, if you are either hit by a driver swerving to avoid hitting an animal or you hit an animal alone, here is what you need to do:
- Call the police and report the accident: having a police report is vital to both your injury case and insurance claim. The police can also call animal control or other authorities to remove the animal and offer assistance.
- Check for injuries: check for injuries, and if possible, get your vehicle to a safe location.
- Document the accident: take photos of the accident and damage. Don’t forget to exchange information with the other driver.
- Do not provoke the animal: injured animals can sometimes act out aggressively. It is okay to check and see if the animal is injured or deceased. If the animal appears aggressive and could pose a risk to people, contact animal control.
- Double-check your vehicle: a collision, especially with a larger animal like a deer, can cause significant damage. Make sure your vehicle is safe to drive. If not, call a tow truck.
Pets and farm animals are legally considered property, and owners must keep their animals contained. If the accident involved a domestic animal, such as a pet or a farm animal, the animal’s owner could also be liable for the accident. If the animal involved is a dog, cat, or farm animal, carefully check for tags for contact information so that you can alert the owner.
Related: What to Do After a Quad Cities Car Accident
Ways to Avoid Hitting an Animal
Sometimes, there is no way to avoid hitting an animal, especially if swerving and hitting oncoming traffic is your only option. However, here are a few things to consider if you drive in areas where deer, other wildlife, and domestic animals are prevalent.
- Be extra cautious at night and in the early morning: deer are the most active at dawn and dusk. So be extra vigilant when driving during these hours.
- Drive slowly: if you see deer or other wildlife, slow down to avoid an accident. This will also alert other drivers.
- Turn on high beams: Utilizing high-beam headlights may help you see animals.
- Do not panic: It can be alarming if you come across a large animal in the road. It is essential to stay calm and not panic. Panicking can lead to rash decisions, like swerving. Staying calm will allow you to remain in control of the situation and your vehicle.
- Consider the weather: Inclement weather could lead to disastrous consequences when mixed with an animal collision. So be extra careful when driving in rain or snow, which presents its own hazards.
If You Were Injured by a Driver Swerving to Avoid Hitting an Animal, We Can Help
Swerving is a knee-jerk reaction that might seem like the right action at the time. However, when a driver swerves to avoid hitting an animal, they put themselves and others at risk. Doing so could cause a driver to run off the road, rollover accidents, multi-car accidents, and more. After an accident caused by a driver swerving to avoid hitting an animal, contact Winstein, Kavensky & Cunningham for a free case consultation.
Our team has helped clients obtain damages for injuries and other damages caused by negligent drivers. We serve Rock Island, Henry, Mercer, Whiteside, and Knox counties in Illinois and Scott, Clinton, Muscatine, Cedar, and Jackson counties in Iowa. We are available 24/7 by phone at (309) 794-1515, via LiveChat, or by filling out our contact form.