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A deer can appear in the road with almost no warning. One second you’re driving normally, the next you’re deciding whether to brake, swerve, or brace for impact.
Tennessee deer accidents are more common than many drivers realize. In 2024, our state recorded 8,036 deer-involved crashes. Those included 465 injury crashes and five collisions that resulted in death. In East Tennessee, Sullivan and Washington Counties were among those with the most deer-related crashes.
For drivers around Johnson City, Kingsport, Bristol, and the surrounding rural communities, that likely comes as little surprise. Roads throughout Northeast Tennessee wind through wooded areas, farmland, and places where deer routinely cross.
But when a deer causes a wreck, who pays? The answer depends heavily on whether you hit the deer or swerved and were involved in another collision. Your best bet is to talk to a car accident attorney as soon as possible who can review your crash and help you understand what options you may have.
To schedule a free consultation with one of the deer accident lawyers at The Haynes Firm, call our Johnson City office at 423-928-0165 today. Located in Johnson City, we welcome clients who have been involved in deer-related accidents throughout the state.
If you hit a wild deer and no other vehicles are involved, there usually isn’t another negligent party to hold responsible. The deer obviously doesn’t have insurance, and the State of Tennessee is generally not liable for damage caused by wild animals. The Tennessee Wildlife Resources Agency specifically directs motorists involved in deer collisions to report the damage to their own insurance company.
Whether your insurance pays for your damaged vehicle and bodily injury depends on your coverage.
The damage caused by hitting an animal is generally covered by optional comprehensive insurance. If you only carry liability or collision coverage, damage from directly hitting a deer won’t usually be covered.
Because you are only required to carry liability coverage in Tennessee, not everyone has coverage for wildlife crashes. Carrying only the minimum legally required coverage means neither your vehicle nor your body is protected from a deer strike.
Things can become much more complicated when a driver swerves.
Imagine a deer runs onto I-26, U.S. Route 11E, or a two-lane rural road outside of Johnson City. You jerk the wheel to miss it and cross the centerline, sideswipe another vehicle, hit a guardrail, or run off the road.
Tennessee safety officials specifically recommend not swerving when a deer enters your path. Instead, drivers should brake firmly and remain in the same lane. Swerving can send a vehicle into oncoming traffic, off an embankment, or into another object, turning an unavoidable wildlife collision into a much more serious crash.
Might braking firmly result in your being hit from behind? Perhaps. But your liability when hit from behind can be substantially different from your liability when you’re swerving to miss an animal-caused crash.
It’s important to note that the swerving driver isn’t always negligent, either. An emergency can unfold in a fraction of a second. Investigators and insurance companies should consider the entire situation, including speed, visibility, road conditions, the location of the deer, and how much time the driver had to react.
However, if you attempt to avoid a deer and hit another vehicle, you could potentially be responsible for the injuries and property damage that follow.
Likewise, if another driver swerves to avoid a deer and crashes into you, that driver’s liability insurance may be responsible for your losses. But only if the evidence shows they acted negligently.
A direct collision with a deer will typically fall under comprehensive coverage for vehicle damage. If you swerve and hit a guardrail, tree, parked vehicle, or another car, damage to your own vehicle may instead fall under collision coverage. This depends on your policy.
If you negligently strike someone else’s vehicle while swerving, your liability coverage may pay for that person’s injuries and property damage. But only up to your policy limits.
If another driver causes the crash, you may have a claim against that driver’s liability insurance. If that driver is uninsured or underinsured, your own UM/UIM coverage may become important. Tennessee auto policies generally include this coverage unless it is rejected in writing.
There is an important distinction, however: a deer is not an uninsured motorist. UM/UIM coverage does not usually cover single-vehicle deer strikes.
Cases involving an unidentified driver can be different. Tennessee law permits certain uninsured motorist claims involving unknown motorists, but specific evidence and reporting requirements apply.
Yes.
Tennessee follows a modified comparative fault system. This means you can generally recover compensation when your percentage of fault is less than the combined fault of the other parties. Your compensation can, however, be reduced according to your share of blame.
This system can come into play following complicated deer accidents.
For example, one driver may make an abrupt maneuver after spotting a deer, while another driver is speeding, following too close, or not paying attention. Determining responsibility in this case might require more than simply asking which vehicle struck which.
Evidence can include photographs, vehicle damage, witness statements, police reports, surveillance or dashcam footage, and sometimes accident reconstruction. Gathering that evidence is one of the primary jobs of a deer accident attorney.
At The Haynes Firm, our lawyers look at the entire sequence of events. A sudden encounter with a deer may start the process, but it doesn’t necessarily answer who’s legally responsible for the crash that follows.
Deer cross the road year-round, but dangers increase during the fall, when deer rut, daylight hours shorten, and hunting and farming activity push deer further across roads in search of food or shelter. This means while deer accidents are possible at any time, you’re more likely to be involved in one from September through November.
November, in fact, sees the highest number of deer accidents in Tennessee. Many happen on rural roads, where higher speeds and poor lighting leave drivers with less time to react.
Drivers can help to avoid issues by:
Seatbelt use matters as well. A deer collision might sound minor compared with a crash involving multiple vehicles, for example. But striking a large animal at highway speed can cause serious or fatal injuries, vehicle rollovers, and secondary collisions.
Not every deer accident requires an attorney. If you hit a deer, nobody is injured, and your only issue is a straightforward comprehensive insurance claim for vehicle damage, you may be able to handle matters on your own.
It can help to speak to an attorney when the accident is more complicated.
Consider getting legal advice if:
These cases can become particularly difficult when everyone agrees that a deer started the chain of events but disagrees about what happened next. An experienced Tennessee car accident attorney can investigate the sequence of events, work with crash reconstruction specialists, and review other evidence to determine where the fault lies.
Getting prompt legal advice is important. In Tennessee, you typically have only one year to file a personal injury lawsuit. Waiting too long can prevent you from pursuing an otherwise valid claim.
The Johnson City deer accident attorneys at The Haynes Firm can help determine whether your crash was simply an unavoidable accident or whether another driver’s actions contributed to your injuries.
If you were injured after hitting or swerving to avoid a deer, The Haynes Firm can review the crash, identify available insurance coverage, investigate whether another driver was negligent, and help you understand your options.
Use our online contact form or call us today to schedule your free and confidential case review. We welcome clients from Johnson City, Kingsport, Elizabethton, Jonesborough, Erwin, Newport, Sevierville, and communities throughout Tennessee.
1009 East Watauga Ave.
Johnson City, TN 37601
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207 East Main Street
Johnson City, TN 37604
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