If you’re rear-ended after slamming on the brakes to avoid a deer, who will GA law fault?
U.S. drivers had around 1.8 million animal collision insurance claims between 2022 and 2023.
And according to the Washington Post, deer are responsible for at least 69% of all animal collisions.
So, if you find one jumping in front of you on the road, should you slam on the brakes or risk hitting it? Are there any laws that prohibit either of those options? Let’s see what Georgia law says:
Is it legal to brake for an animal on the road in Georgia?
Yes, it is perfectly legal to brake for any animals, deer included, on the road in Georgia. There are no laws strictly prohibiting the action of braking when you see an animal. However, if you cause an accident because of braking, you could be held liable.
“Georgia law puts the lives of drivers (and passengers) above the risk of hitting a wild animal. So, you may be found negligent if you swerved into another driver’s line of traffic to avoid hitting the animal,” said a spokesperson with John Foy & Associates.
But even if you didn’t cause an accident with another driver, your insurance company may still write it off as your fault. Getting compensation for the damage may also be difficult because most plans don’t have coverage for hitting wildlife.
Tips to stay safe from wildlife
Some tips to avoid hitting animals on the road:
Be prepared and don’t panic if you see an animal on the road.
Try not to swerve.
Slow down as much as possible and check your rearview mirror.
Although no one wants to kill or injure an animal, drivers must realize that their own life and safety is more valuable than that of an animal. If a collision is unavoidable, slow down as much as possible and brace yourself for the impact.
Have more questions? Let me know in the comments or email me at cmadden@mcclatchy.com
This story was originally published June 20, 2024 at 3:04 PM with the headline "If you’re rear-ended after slamming on the brakes to avoid a deer, who will GA law fault?."
