Deer strikes (auto related question)

Zodiark1593

Platinum Member
Oct 21, 2012
2,230
4
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I've a quick question due to a very near miss this morning during my commute.

Let's say I'm driving a mountain road. I don't go too fast, but that results in a few cars lining up very close to each other right behind me (no turnouts to let them pass). If a deer comes, I brake to avoid hitting it, and rear ends result, would I be held responsible? Would I be responsible if I hit the dear, and rear ends still result?

Fyi, during my near miss, I braked pretty firmly, but not enough to cause any rear ends. It was still close though as several cars back, there was some screeching from tires.
 

Markbnj

Elite Member <br>Moderator Emeritus
Moderator
Sep 16, 2005
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In general the people following you are responsible for maintaining safe separation and having their vehicles under control so that they can stop regardless of how fast you have to stop. That's why drivers who run into the rear of another car are usually assigned the blame.
 

cbrunny

Diamond Member
Oct 12, 2007
6,791
406
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I was taught not to stop for animals. A Deer is pretty big, so I'd have done the same. Regardless, it would still be the fault of the people behind you.

I hate tailgaters.
 

Newell Steamer

Diamond Member
Jan 27, 2014
6,894
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0
Yeah, the tailgater is at fault.

Tailgaters are mentally deranged - there is no other excuse/reason for their behavior.
 

Anubis

No Lifer
Aug 31, 2001
78,712
427
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tbqhwy.com
I was taught not to stop for animals. A Deer is pretty big, so I'd have done the same. Regardless, it would still be the fault of the people behind you.

I hate tailgaters.

what really?

I know in NY they hammer not to swerve for things the size of a dog and smaller (just brake and go straight) and hit it. for deer its similar to just break and hit it and go right if you must, so not into traffic

they always say to break for large ones, not to just hit them at full speed
 

cabri

Diamond Member
Nov 3, 2012
3,616
1
81
in a rear end collision, the last car in the chain is at fault
Unless you can show that you being rear-ended caused you to hit the vehicle in front of you; your are also at fault.
 

KMFJD

Lifer
Aug 11, 2005
31,802
50,090
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I've hit a deer before, amazing how they can take a 60-70km/h collision and keep on running for a couple of minutes....
 

Smoblikat

Diamond Member
Nov 19, 2011
5,184
107
106
Dont bother stopping for any small animals. Deer and moose should be avoided as they are large enough to cause a lot of damage. Avoid dogs too, but thats only because theyre pretty important.
 

rudeguy

Lifer
Dec 27, 2001
47,351
14
61
NEVER SWERVE OR BRAKE FOR ANIMALS!

Your life and other people's lives are more important. Plus your chances of getting in a serious accident go way up vs the minor damage hitting even a deer will cause.

DO NOT SWERVE OR BRAKE!!!!
 

pauldun170

Diamond Member
Sep 26, 2011
9,291
5,345
136
I've a quick question due to a very near miss this morning during my commute.

Let's say I'm driving a mountain road. I don't go too fast, but that results in a few cars lining up very close to each other right behind me (no turnouts to let them pass). If a deer comes, I brake to avoid hitting it, and rear ends result, would I be held responsible? Would I be responsible if I hit the dear, and rear ends still result?

Fyi, during my near miss, I braked pretty firmly, but not enough to cause any rear ends. It was still close though as several cars back, there was some screeching from tires.

First in line, fine all the time.
Last in line, its on their dime.
 

Zodiark1593

Platinum Member
Oct 21, 2012
2,230
4
81
NEVER SWERVE OR BRAKE FOR ANIMALS!

Your life and other people's lives are more important. Plus your chances of getting in a serious accident go way up vs the minor damage hitting even a deer will cause.

DO NOT SWERVE OR BRAKE!!!!

This isn't a hit a deer or get rear ended question (and i thankfully am smart enough not to swerve off a cliff for a deer ). It's a question of if I'm responsible for getting rear ended due to braking for a deer or if I'm better off hitting said deer and getting rear ended still.

As for damage, rear damage from a minor rear ending (provided idiot behind me applied brakes at all) can at least be fixed reasonably. A deer hit to the front, my car will be totaled. For several reasons, I'd rather not part with my car for as long as humanly possible.
 

rudeguy

Lifer
Dec 27, 2001
47,351
14
61
This isn't a hit a deer or get rear ended question (and i thankfully am smart enough not to swerve off a cliff for a deer ). It's a question of if I'm responsible for getting rear ended due to braking for a deer or if I'm better off hitting said deer and getting rear ended still.

As for damage, rear damage from a minor rear ending (provided idiot behind me applied brakes at all) can at least be fixed reasonably. A deer hit to the front, my car will be totaled. For several reasons, I'd rather not part with my car for as long as humanly possible.

ok and who is at fault if an airliner's tire falls off and knocks your car into the car in back of you?

You don't slam on your brakes or swerve to avoid an animal. You will only do more harm than good. Its not a hard concept man.
 

Markbnj

Elite Member <br>Moderator Emeritus
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Sep 16, 2005
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Unless you can show that you being rear-ended caused you to hit the vehicle in front of you; your are also at fault.

I seem to remember that in NJ at least the insurance companies treat it simply as you pay for the guy in front of you.
 

cabri

Diamond Member
Nov 3, 2012
3,616
1
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I seem to remember that in NJ at least the insurance companies treat it simply as you pay for the guy in front of you.

many eons ago, I was in an accident on the Palisades.

Vehicle in front stopped due to an accident. Wife stopped. Vehicle behind us did not; hit us at about 45mph (based on tire marks and vehicle mass).

The vehicle that hit us drove us into the one in front.

The rear vehicle tried to put some of the blame on us. We did the calculations (was an engineering student at the time) and also a statement from the first car that they felt only a single impact.

Presented the information to the local DA and ticket that was issued was canceled. Provided that info then to our insurance company and the guy at fault ended up being fully responsible for damages to both vehicles. Ours was a station wagon - 6 months old and classified as totaled.
 

cabri

Diamond Member
Nov 3, 2012
3,616
1
81
This isn't a hit a deer or get rear ended question (and i thankfully am smart enough not to swerve off a cliff for a deer ). It's a question of if I'm responsible for getting rear ended due to braking for a deer or if I'm better off hitting said deer and getting rear ended still.

As for damage, rear damage from a minor rear ending (provided idiot behind me applied brakes at all) can at least be fixed reasonably. A deer hit to the front, my car will be totaled. For several reasons, I'd rather not part with my car for as long as humanly possible.

If you get hit from the rear; it will be their fault unless they can show otherwise.
 

lupi

Lifer
Apr 8, 2001
32,539
260
126
Yeah it's not about not stopping because of an animal, it's not swerving like an idiot and getting into more trouble by going off road or into oncoming traffic.
 

DrPizza

Administrator Elite Member Goat Whisperer
Mar 5, 2001
49,601
167
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www.slatebrookfarm.com
I was taught not to stop for animals. A Deer is pretty big, so I'd have done the same. Regardless, it would still be the fault of the people behind you.

I hate tailgaters.

NEVER SWERVE OR BRAKE FOR ANIMALS!

Your life and other people's lives are more important. Plus your chances of getting in a serious accident go way up vs the minor damage hitting even a deer will cause.

DO NOT SWERVE OR BRAKE!!!!
What the heck sort of idiots in your states offer this advice? Never swerve for an animal. But, you'd have to be an idiot to plow into an animal instead of slowing or stopping to avoid one. Hitting a deer does not cause "minor" damage at highway speeds.
 

rudeguy

Lifer
Dec 27, 2001
47,351
14
61
What the heck sort of idiots in your states offer this advice? Never swerve for an animal. But, you'd have to be an idiot to plow into an animal instead of slowing or stopping to avoid one. Hitting a deer does not cause "minor" damage at highway speeds.

OP is talking about jamming on his brakes. Slowing down would not cause a person to rear end you.
 

DrPizza

Administrator Elite Member Goat Whisperer
Mar 5, 2001
49,601
167
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www.slatebrookfarm.com
https://www.esurance.com/info/car/your-guide-to-animal-related-accidents
brake, don't swerve

http://www.dmv.org/how-to-guides/wildlife.php
"It is best to lock the brakes, jam the horn, and (if time allows) duck low behind the dashboard. Moose are the lone exception to the do-not-swerve rule. An adult moose can grow to 1,600 pounds. Consequently, colliding with a moose is comparable to colliding with a compact vehicle on stilts, with the likelihood of fatal or long-term injuries to the front-seat occupants of your car."

http://co.laplata.co.us/departments_and_elected_officials/boards_commissions/driving_and_wildlife
"Brake. Don't Swerve."