There are thousands of deer-vehicle accidents each year in California. Inevitably, some of these collisions involve motorcyclists. What you do after such an accident is important for your safety.
Plus, it can determine what compensation you receive.
LA Century Law explains what to do if you are in a motorcycle accident with a deer.
Steps To Take After a Motorcycle Deer Accident
1. Stop—move to safety.
California law requires drivers to stop if there is any vehicle damage or injury. Even if there are no other vehicles involved and you’re not hurt, you must stop your vehicle. This allows you to evaluate the situation. You must stop in a place that will not impede traffic or create a safety risk for other motorists. Stop in a safe place where you are not at risk of further harm.
2. Evaluate—look at the situation.
In the stress of a motorcycle deer accident, it’s common to quickly tell yourself everything is okay. You may want to continue your journey immediately. However, you must take a moment to assess the situation. You’ll need to make sure you’re okay and mentally prepared before continuing your journey. It’s important to make sure your bike can be driven safely before you resume your trip.
3. Comply with your duties.
California law requires drivers in property damage accidents to locate and notify the property owners. You may find them personally or leave the information in a conspicuous place along with calling the police.
Drivers must provide their name, residential address, vehicle registration, and vehicle owner information. The information must be given to the people involved and the police. These rules apply in motorcycle-deer accident cases if there are others involved.
If there is no one else involved and the only property damaged is your own, you don’t have these steps to comply with. However, it’s still important to report the accident for your purposes.
4. Call the police in almost all circumstances.
Calling the police is required if someone else’s property is damaged and you can’t locate the owner to notify them. It is also required if someone other than you is injured or killed. Even if it’s not required, you almost always should call the police for a motorcycle and deer collision.
If you hope to do anything with insurance or a legal claim, you’re going to need to report the accident. If you don’t make a report and later it becomes known that someone else may be responsible, or if you want to claim through your insurance, failing to make the report can be a problem. If you’re not sure, call the police.
5. Complete the DMV report—submit an SR-1.
An SR-1 is a driver’s report of a traffic collision in California. It’s required if anyone is hurt or killed or if there is property damage over $1,000. Even if your injuries are minor, you must fill out this form within 10 days of the collision. An SR-1 is required even if you made a report to the police. Double-check the information in the form for accuracy.
6. Get medical attention if there’s any chance of injury.
Deer accidents can be serious. Evaluate whether you need medical attention. If you’re not sure, err on the side of getting an immediate medical evaluation.
7. Document—take photos.
Do what you can to document the scene. Take photos of your motorcycle, the location of the collision, and the deer if it’s injured or killed.
Gather names if there are witnesses to the accident.
8. Tell your insurance company—you may receive compensation.
You may think there is no way to get compensation from your insurance company for a motorcycle deer accident. That may not be true. If you have comprehensive insurance, it may cover your damage. However, comprehensive insurance is not mandatory in California so you may not have it.
In addition, Med Pay may be available to cover medical expenses. Med Pay may cover you regardless of fault. It’s optional, so check if you have this coverage.
9. Evaluate for legal fault.
Often, there’s no one to blame for a motorcycle-deer accident. However, there may be third-party liability. Another vehicle may have swerved, causing you to brake or turn sharply.
Most deer are wild, but a private owner could be responsible for an animal allowed to roam. A government entity may be responsible for road design, including inadequate signs if deer are a common problem in the area. While it’s unlikely, it’s worth evaluating whether you may claim third-party compensation.
10. Pursue your case and compensation.
Take the necessary steps to pursue compensation for a deer accident. Whether it is settling with your insurance or pursuing a third-party claim, document your losses and submit your claim.
Preventative Tips To Avoid Future Deer Collisions
To avoid future deer collisions:
- Slow down in high-risk situations like morning and night, near trees, and in agricultural areas.
- Watch for deer crossing signs.
- Be alert when deer are migrating.
- Scan the sides of the roads for movement. Deer eyes may reflect in your headlights.
- Sound your horn to scare the deer away.
- Leave enough following distance so you can react if someone else hits a deer.
- Keep your motorcycle in good condition. Address any issues with brakes, lights, and steering.
- Wear a helmet, goggles, and riding gloves to minimize injury. Always drive defensively.
The Role of Comprehensive Insurance in Deer Accidents
When you’re involved in a motorcycle-deer accident, it’s usually your comprehensive insurance that applies. Comprehensive coverage is for unexpected events that aren’t a collision with another vehicle or road fixtures.
Collision insurance applies to accidents with other cars and objects. Animal accidents, including deer, fall under comprehensive. You’ll probably have a deductible.
Contact an Experienced San Bernardino Motorcycle Accident Lawyer
Have you been in a motorcycle accident with a deer? Talk to an experienced San Bernardino motorcycle accident lawyer. At LA Century Law, we’ve recovered millions of dollars for our clients. Contact us now.