Fall is deer season on New York roads. In their most recent fall warning, the state Department of Motor Vehicles and Department of Environmental Conservation reported 32,287 crashes involving deer statewide in 2024. They added that the numbers "spike in October, November and December," with 4,050 deer struck in October 2024 and 5,854 in November (DMV and DEC, October 15, 2025). The Thruway Authority warns that deer are active "especially during May-June and October-November," and "especially at sunrise and sunset during the spring and fall" (New York State Thruway Authority).
It should go without saying that no one can sue a deer. But when a deer crash injures people, drivers involved may be responsible, depending on what they did.
No-Fault First
Whether you were a driver or a passenger, your medical bills and lost earnings start with No-Fault. You file with the insurer of "the car in which you were an occupant (either as passenger or driver)," according to the Department of Financial Services. Written notice of the claim is due within 30 days of the accident (11 NYCRR 65-1.1).
A Possible Claim Against the Driver of the Car You Were In
A passenger may also have a claim against the driver of the car the passenger was riding in, and against its owner, if the driver was careless (Vehicle and Traffic Law § 388(1)). Every driver must keep to a speed that is "reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing" (Vehicle and Traffic Law § 1180(a)). On a dark road in deer season, what is "reasonable and prudent" may become a question for a jury.
As a defense, a driver may answer with the emergency doctrine. As the Court of Appeals has described it, a person faced with "a sudden and unexpected circumstance" that leaves "little or no time for thought, deliberation or consideration" may not be negligent if the actions taken are "reasonable and prudent in the emergency context," "provided the actor has not created the emergency" (Caristo v Sanzone, 96 NY2d 172 [2001]). A deer that leaps into the road may be that kind of emergency. But the doctrine protects only reasonable choices, and it does not help a driver who created the emergency, for example by driving too fast for a dark, winding road. Our post on weather and fault in car accidents discusses the emergency doctrine in another setting.
The state's advice to drivers is to brake and not swerve: "If you encounter an animal in the roadway, brake firmly but do not swerve" (DMV and DEC). The Thruway Authority says the same. There is a reason for that advice. A sudden swerve can send a vehicle off the road, and a federal safety report found that 83 percent of single-vehicle rollovers happened after the vehicle left the roadway, and that "Pickup trucks and SUVs have the highest frequency of rollover among the four major classes of light motor vehicles" (National Highway Traffic Safety Administration, Initiatives to Address the Mitigation of Vehicle Rollover [2003]). The DMV and DEC advice is safety guidance, not a rule of law, and whether a particular driver acted reasonably will always depend on the facts.
A claim for pain and suffering against a driver is a motor vehicle case, so the injured person must show a "serious injury" (Insurance Law § 5104(a)). Our post on New York's 2026 changes for motor vehicle injury cases explains that requirement and what changed this year.
If the Driver Is Your Spouse
New York has a special insurance rule for spouses. An auto policy is not considered to cover a driver's liability "because of death of or injuries to the insured's spouse" unless the policy expressly includes it (Insurance Law § 3420(g)). That coverage is called supplemental spousal liability insurance. Some policies include it automatically unless the policyholder declined it in writing; with others, you have to ask for it. Your insurer must tell you, in boldface on the front of your premium notice, whether you have it or can get it, and what it charges for it (Insurance Law § 3420(g)(2)). If your husband or wife was driving, check whether your policy includes it. If you don't have it, ask your agent to add it. Why leave the people you care about most protected the least?
Other Drivers
Deer crashes can involve more than one car.
- A driver who swerves into your lane. Drivers must generally keep to the right: "Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway," with some exceptions (Vehicle and Traffic Law § 1120(a)). A driver who crosses into oncoming traffic to miss a deer and hits you may be responsible, though he or she may raise the emergency doctrine.
- A driver who rear-ends you after you brake for a deer. In New York, "a rear-end collision with a stopped or stopping vehicle establishes a prima facie case of negligence" against the driver behind, and "an assertion that the lead vehicle came to a sudden stop, standing alone, is insufficient to rebut" it (Genao v Cassetta, 214 AD3d 626 [2d Dept 2023], quoting earlier decisions). Our post on the sudden stop defense explains more.
What to Do After a Deer Crash
- Get medical care, and follow your doctor's advice.
- Call the police. Get the names, phone numbers, and insurance information of every driver, and the names and phone numbers of witnesses.
- If your medical condition allows, photograph the vehicles, the road, any skid marks, and the lighting, before the cars are moved.
- Report the crash. If anyone was injured or killed, or property damage to any one person was more than $1,000, the driver must report the crash to the DMV in writing within 10 days (Vehicle and Traffic Law § 605(a)).
- Give written notice of your No-Fault claim within 30 days of the accident. We suggest speaking to a lawyer before you file, because anything you write or say in your claim may be used against you if there is a lawsuit.
- Save dashcam video and ask the other drivers to save theirs. Video can be lost; see our Decision Day entry on Fernandez v Port Authority.
- Talk to a lawyer early. If a government vehicle was involved, a Notice of Claim generally must be served within 90 days (General Municipal Law § 50-e). In some circumstances, your time to act may be even shorter.
If you were hurt in a crash involving a deer, contact The Eskesen Law Firm for a free consultation. Calls are answered live 24 hours a day, 7 days a week.
Questions about your own accident?
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