How to Handle a Car Accident Caused by Wildlife or Animals in NJ

All Practice Areas

Hitting an animal while driving in New Jersey can be a frightening and confusing experience. Whether it’s a deer on a rural road or a stray dog in a suburban neighborhood, knowing what to do next is essential. This comprehensive guide covers legal responsibilities, insurance rules, safety protocols, and reporting requirements specific to New Jersey.

Animal Collisions Are More Common Than You Think

New Jersey is home to a wide range of wildlife, and due to its forested areas and high-density roadways, animal collisions are frequent—especially during certain times of year. Deer mating season in the fall is one of the most active periods for animal-related crashes.

Drivers often ask:

• Is hitting a deer my fault?
• Do I need to report it?
• Will insurance cover this?

This guide answers all of those questions and more.

 

Immediate Steps After the Collision

1. Move Your Vehicle to Safety

As soon as the collision happens, pull over to a safe location if your car is still operable. Turn on your hazard lights and make sure you and your passengers are not in danger.

2. Check for Injuries

Before exiting the vehicle, assess whether anyone in your car has been hurt. If injuries are serious or you’re unsure, call 911 immediately.

3. Stay Calm and Assess the Scene

Panicking won’t help. Once safe, carefully look at the situation. Is the animal still alive? Is it creating a hazard for other drivers? How much damage has been done to your vehicle?

 

What to Do About the Animal

Do Not Touch an Injured Wild Animal

If the animal is still alive—especially a large one like a deer—don’t try to move it. Injured animals can be dangerous and unpredictable.

Contact the Authorities

For injured or dead animals on the road, call the local police department or animal control. They will safely remove the animal and document the incident if necessary.

 

When to Call the Police in New Jersey

Legal Requirements for Reporting

In New Jersey, you’re required to call the police if:

• A person is injured
• A domestic animal is struck and injured or killed
• There is property damage exceeding $500

Even if not strictly required, filing a report is smart. It helps if questions about liability or insurance arise later.

Filing a Police Report for Wildlife Collisions

For wildlife (like deer or raccoons), police reports aren’t always mandatory but are highly recommended, especially if:

• The animal remains in the roadway
• There’s substantial vehicle damage
• You need documentation for insurance

 

Understanding the Law: Wildlife vs. Domestic Animal Collisions

Wildlife Collisions (Deer, Raccoons, Foxes)

New Jersey generally does not assign fault when you hit a wild animal. These incidents are considered unavoidable. Still, your responsibilities include:

1. Ensuring public safety
2. Reporting when necessary
3. Documenting the incident for insurance purposes

Domestic Animal Collisions (Dogs, Cats, Livestock)

If you hit a pet or farm animal, you must stop. State law requires drivers to:

1. Notify the police or animal control
2. Remain at the scene
3. Attempt to locate the animal’s owner (if safely possible)

Failing to do this can result in criminal charges.

 

What Happens If You Swerve to Avoid an Animal?

Why Swerving Can Make Things Worse

It’s a natural instinct to try to avoid hitting an animal, but swerving can lead to worse outcomes. You could:

• Hit another vehicle
• Crash into a tree or pole
• Lose control and roll the car

Liability for Swerving Accidents

If you swerve and crash without hitting the animal, it may be considered a single-vehicle accident, and you could be found at fault. That’s why experts recommend braking in a straight line rather than veering into another lane or off the road.

 

Insurance Coverage for Animal Collisions

Does Car Insurance Cover Animal Accidents?

Yes—but only if you have comprehensive coverage. This optional coverage protects against:

• Wildlife impacts (deer, raccoons, foxes)
• Damage from domestic animals
• Other non-collision events

If you only have liability insurance, animal-related damage will not be covered.

Will My Insurance Rates Go Up?

Many insurers in New Jersey do not penalize drivers for wildlife collisions, especially if a police report supports your claim. However, your premiums might increase if:

• You’ve filed multiple claims recently
• The insurer believes the accident could’ve been avoided

 

How to File a Claim After Hitting an Animal

Document the Scene Thoroughly

Take clear photos of:

1. The damaged parts of your car
2. The animal (if safe and appropriate)
3. The road and surrounding area

Include details about time, location, weather conditions, and any road signage (such as “Deer Crossing” signs).

File the Claim Promptly

Contact your insurer as soon as possible. Provide all photos, the police report (if applicable), and a written statement. Prompt, clear communication improves your chance of fast, full reimbursement.

 

Special Situations That Confuse Drivers

What If You Hit Someone’s Dog?

If you strike a pet, you must report it immediately. You could be liable if the owner sues—especially if you were speeding, distracted, or driving recklessly. However, if the animal was off-leash in violation of local laws, the owner may share fault.

What If You Want to Keep the Deer?

In New Jersey, you may request to keep a deer you’ve hit—but only after notifying the police. Officers must confirm the incident and provide permission.

 

How to Avoid Wildlife Collisions

1. Be Cautious at Dawn and Dusk

Animals are most active during dawn and dusk. Reduce your speed, especially in wooded or rural areas.

2. Use High Beams When Appropriate

High beams improve your visibility and help spot animals on or near the road. Use them when there’s no oncoming traffic.

3. Watch for Wildlife Warning Signs

“Deer Crossing” and other animal signs are placed in high-risk areas. Take them seriously and stay alert.

4. Avoid Distractions

Don’t text, adjust the radio, or eat while driving—especially in high-risk areas for animal crossings.

 

Frequently Asked Questions

Is it necessary to report hitting a deer in New Jersey?
While not always legally required, it is strongly recommended to report hitting a deer, especially if the animal remains in the roadway or if your vehicle sustains significant damage. Reporting the incident provides documentation for insurance purposes and ensures public safety by allowing authorities to remove the animal.

Will my insurance cover damage from hitting an animal?
Your insurance will only cover damage from an animal collision if you carry comprehensive coverage. This type of policy is optional but is the only one that includes protection for non-collision incidents like hitting a deer, raccoon, or dog. Drivers with liability-only insurance are generally not covered for this kind of damage.

Does my insurance rate increase after hitting an animal?
In most cases, insurance companies do not penalize policyholders for animal collisions, particularly when the incident is unavoidable and reported correctly. However, if you have a history of claims or if the insurer believes your actions contributed to the crash, a rate increase is possible.

Am I legally obligated to stop after hitting a dog or other domestic animal?
Yes. In New Jersey, you are required by law to stop if you hit a domestic animal, including dogs, cats, or livestock. You must contact the police or local animal control authorities and report the incident. Failure to do so could result in fines or even criminal charges.

Who is liable if I hit someone’s pet?
Liability depends on the circumstances. If the animal was running loose in violation of leash laws, the owner may be partly or entirely responsible. However, if you were speeding, distracted, or driving recklessly, you could be held liable for damages and possibly face legal claims.

 

Contact The Epstein Law Firm, P.A., Today

If you’re dealing with a denied insurance claim, a liability dispute involving a pet, or legal action from the animal’s owner, you should speak with a New Jersey personal injury or traffic attorney. They can guide you through the legal system, negotiate with insurers, and help you avoid liability for something that wasn’t your fault.

Don’t navigate the legal system alone—contact The Epstein Law Firm, P.A., today for professional advice and peace of mind.