When mid-October arrives in Illinois, white-tailed deer become significantly more active and unpredictable. During this period, you may encounter more deer on the road. Your first instinct might be to swerve when a deer jumps into your path. However, there are legal consequences that can come with that split-second decision.
Who is at fault?
So, who is at fault if you hit another car after swerving to avoid a deer? Under Illinois law, the responsibility typically falls on you. The act of swerving makes you the liable party for any secondary damage. When you leave your lane and strike another car or object, you become the “proximate cause” of the collision.
The legal system views deer as non-liable hazards, similar to potholes or weather conditions. Because you cannot hold the deer responsible, the liability shifts entirely to you as the driver.
The insurance perspective
Insurance companies reflect this legal perspective. They also view deer as a non-liable hazard. If you hit a deer directly, your comprehensive insurance policy typically covers the damage. Many policies consider hitting a deer as a “no-fault” incident that does not significantly impact your premiums.
However, swerving and hitting another car or stationary object can shift to a collision claim. This reclassifies the event as a collision claim, making you financially responsible for third-party damages. These costs include the other driver’s medical bills, lost wages and vehicle repairs. Because you made the choice to steer into another lane, the insurance company views you as the negligent party.
Safer alternatives
It might seem counterintuitive, but Illinois law enforcement often advises drivers to stay in their lane and brake instead. Swerving into oncoming traffic or off-road is frequently more dangerous than direct impact with a deer. Legally, it can also make claims and repairs more complex. You can minimize harm by staying on course and braking.
In Illinois, maintaining your lane is your primary responsibility. If you have been involved in such an accident, you may wish to clarify your specific situation with a legal professional to understand your rights.