Kaufman & Stigger PLLC represents car accident victims in Louisville. It’s usually around the fall and winter months that deer become plentiful in Louisville, and that unfortunately increases the chances of one of them darting out into the road and causing an accident. This can be a scary situation, and you might have a lot of questions. Our Louisville car accident lawyers are here to help you. Contact us today for a free consultation.
Should You Get a Lawyer?
It’s obviously pretty unfortunate when a deer causes you to be in a car accident in Louisville. But, like any accident, whether or not you should get a lawyer depends on how badly you’re hurt. A minor accident probably won’t require legal action, but there’s always the chance that you could be pretty seriously hurt in one of these accidents. That’s where our team can step in and help you by:
- Explaining your options
- Helping with gathering evidence and key information
- Guiding you through the insurance claims process
- Filing a lawsuit after the insurance process
No one wants to be in a car accident, but with deer and other road hazards, these accidents happen. If it happens to you, our team is here to guide and support you through the claims process.
How is Liability Determined in a Car Accident Involving Deer?
The main challenge with a car accident involving a deer in Louisville lies in proving negligence. When a deer suddenly appears on the road, the instinct is to avoid it by swerving or slamming on brakes. But legally, doing this and causing an accident can be viewed as negligent. With that, that makes someone liable when there’s a deer involved.
With that said though, there’s a few others that could share liability in this situation:
- Local government – If the accident happens in an area where deer often cross and there are no warning signs, the government might be partly responsible for not keeping the road safe. Local or state agencies could also be at fault if they don’t put safety measures in place where deer are known to be a risk.
- Landowners – If a landowner’s property attracts deer and causes frequent crossings without warning signs, they could also be partially responsible for the accident.
- Vehicle makers – If the car’s design or lack of safety features (like limited visibility) makes the accident worse, the car manufacturer might share some liability.
Deer-related accidents are certainly unfortunate, and the effects are much like any car accident, with injuries and damages that you’ll need to go through. So, establishing liability–figuring out who pays for your damages–is incredibly important for your recovery.
How Can You Recover Damages After a Car Accident Involving a Deer?
For as unfortunate as a car accident involving a deer is, the actual legal process is actually the same as any other car accident in Louisville. You generally have two options: filing an insurance claim or filing a lawsuit to recover damages. Here’s a quick look at these two options:
- Filing an insurance claim – This option is usually faster and less formal, but the settlement is typically lower and controlled by the insurance company.
- Filing a lawsuit – A lawsuit could lead to more financial support, especially if you have severe injuries, but it usually takes more time and effort.
With either option, you may be able to recover financial support for your:
- Medical expenses – This includes all medical expenses, such as hospital visits, surgeries, doctor appointments, prescription medications, and any therapy or rehabilitation needed to recover.
- Property damage – This covers the costs related to the damage to your car and other property. If your car is totaled, you can also get financial support for a replacement.
- Lost income – If you missed work because of your injuries, you could recover the income you lost. If your injuries prevent you from returning to work or limit the kind of work you can do, you might also receive support for future lost income.
- Pain and suffering – Any car accident is going to cause some level of physical pain and emotional distress. These damages are for financial support to help with the toll the accident has taken on your physical and mental well-being.
- Reduced quality of life – If your injuries have made it difficult to enjoy daily activities, or if a loved one can no longer provide companionship due to the accident, you can recover costs related to these losses.
- Wrongful death expenses – In cases where the accident leads to a loved one’s death, you may be able to recover funeral costs and other related expenses through a wrongful death claim.
While you have the right to file a claim, the strength of your case depends on the evidence you gather and how well you present it. In Kentucky, you only have one year from the date of the accident to file a claim. Missing this deadline means you won’t be able to recover any damages.
What Do You Need to Do After a Car Accident Involving a Deer in Louisville?
Most drivers in Louisville are fairly used to seeing deer along the road, and may even be prepared when they expect to see one dart out in front of them. But the reality is that these accidents happen very quickly, and there’s not always time to react safely. So, if you’re injured in one of these accidents, taking the right steps to protect your health and your claim is very important. Here’s what you need to do:
- Get to safety – If you can, move to the side of the road. Once you’re safely out of traffic, check yourself for injuries and look over any damage to your car.
- Call 911 – Call 911 to get help from emergency responders. Whether from the city or county, police and medical teams will come to the scene, treat any injuries, and collect important details about the accident.
- Document the scene – Take photos of the accident scene, including damage to your car, the deer, and the area around you. This will be key evidence for your claim.
- Gather relevant information – Exchange contact and insurance details with the other driver and collect information from any witnesses. Also, jot down the time, location, and weather conditions at the time of the accident.
- Contact your car insurance company – Report the accident to your insurance company to start their claims process. Share all the details and photos you’ve collected.
These steps are always important after a car accident, but with an accident involving a deer, they’re especially crucial. Deer-related crashes are unpredictable, but they still cause significant damage. Following these steps will help protect both your claim and your safety. From there, working with our team can give you much-needed guidance and support.
Contact Kaufman & Stigger if You’re Hurt in a Louisville Car Accident Involving a Deer
Unfortunately, deer can easily cause serious car accidents in Louisville. If you’re involved in one of these accidents, you have legal options for your injuries and damages. Our Louisville car accident lawyers at Kaufman & Stigger, PLLC have the experience to help guide you through this process. If you or someone you care about has been injured in a car accident involving a deer, contact us today for a free consultation.
