Who Is At Fault When an Animal Is Involved in an Accident?

Crashes involving wildlife and other animals raise tricky questions for injured victims in New York. Who’s liable for an animal accident? The answer is more complex than you might think. 

Determining liability for any accident always depends on the facts of the case. Did your car hit a deer? Or let’s say a dog was hit by a car. In some cases, you or another driver may be to blame. In others, the fault could lie with the animal’s owner. Alternatively, there could be no liable parties. With so many questions swirling about liability after an animal accident, your best bet for answers is to contact an experienced car accident lawyer. 

Talk to Scott C. Gottlieb, Injury Law Attorney. Our firm focuses exclusively on representing injured people. Firm founder Scott Gottlieb has a reputation for excellence and achieving positive outcomes for accident victims in Binghamton and the surrounding communities. 

To learn about your rights to compensation after an animal accident, call or contact us today for a free consultation.

What to Do If You Hit an Animal With Your Car 

If you struck an animal with your car in New York, follow these steps: 

• Pull over to a safe location. Turn on your hazard lights so that other drivers can see you.
  
• Call 911. Police will investigate the scene and create an accident report, which may be helpful later if you need to pursue compensation. You are required to contact the police (or locate the owner) if a domestic animal is injured.
  
• Be careful if you decide to evaluate the animal’s condition. If the animal is injured and not deceased, then it may retaliate if you get too close.
  
• Get medical treatment if you or someone else is hurt. Your medical records will be the foundation for any future personal injury claim you wish to file. Getting prompt treatment is essential to protect your right to compensation.
• Report the accident to the New York Department of Motor Vehicles if someone is injured, killed, or incurs property damage over $1,000.

Can You File a Claim on Your Car Insurance If You Hit an Animal?

You will need to review your insurance policy or speak to an insurance agent to determine whether you can file a claim for an accident involving an animal. Some comprehensive coverage offers coverage for collisions with animals, but basic collision insurance may only cover collisions with other vehicles. 

For injury claims, it’s important to understand New York’s no-fault auto insurance laws. Normally, drivers turn to their own insurance policies for coverage of medical costs and lost income after a crash. However, there are some cases where you may be able to file a personal injury lawsuit against the at-fault party.  

For instance, farmers and ranchers must keep their animals fenced in. If they are negligent in that duty and you strike a cow or other farm animal, you could have grounds for a personal injury case if your injuries meet the state’s serious injury threshold. 

You could also have a case against a domestic animal’s owner if the animal should have been confined and ended up causing the accident. Alternatively, you could have a claim against another driver if they swerved in an attempt to avoid an animal and hit you.  

However, there’s no one to sue if you hit a deer or other wild animal. Your compensation would come from your insurer up to the policy limits.  

Types of Compensation After an Animal Accident 

In a personal injury lawsuit, claimants could recover compensation for losses such as: 

• Medical expenses 
• Lost earnings 
• Vehicle damage
• Pain and suffering
• Lost enjoyment of life

If you have been in an animal accident, reach out to our car accident attorney today. Our legal team can evaluate the accident, gather evidence to help support your claim, and negotiate with the insurance company on your behalf. We can also help you determine whether you have grounds to file a personal injury lawsuit for additional compensation. 

What Animals to Report If You Hit One

Under New York state law, you should pull over and report the accident to the police if you hit one of the following types of animals, including livestock and domestic pets: 

• Horses
• Cattle
• Dogs
• Cats

You must report the accident either to the animal’s owner, if you can locate them, or the police. Also, provide the following information: 

• Your name
• Address
• Insurance company and policy number
• Your driver’s license number

Is It Illegal to Hit an Animal and Leave the Scene?

Failure to stop when you’ve hit livestock or domestic animals is punishable by a maximum fine of $100 for first-time offenses and a penalty of $50 to $150 for second-time offenses and any subsequent offenses. 

How Our Car Accident Attorney Can Help You 

Getting into an accident with an animal can be confusing and traumatic, especially if you or a loved one suffers injuries. You need advice from a skilled car accident lawyer to determine liability for the accident and pursue a case for compensation for you.  

Look no further than Scott C. Gottlieb, Injury Law Attorney. Based in Binghamton, our law firm is solely dedicated to fighting for justice for injured New Yorkers. Call or contact us for a free consultation today.