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Is it illegal to hit a deer and drive off?

Short answer: No, but only if there are no injuries or property damage.

By Susan Meyer

Updated October 11, 2024

Edited By Ross Martin

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Is it illegal?
What to do
Will insurance cover it?
Avoiding deer collisions

Animal accidents on the road

Most people know a hit and run is going to get you in serious trouble. Leaving the scene of an accident with another driver has some major legal and insurance consequences.

But what if there is no other driver and you hit a deer?

U.S. drivers had an estimated 1.8 million animal collision insurance claims between July 2022 and June 2023. The most frequently hit animal is a deer. Additionally, over 150 people on average are killed from such collisions each year.^[1]

Read on to learn the legality of leaving the scene of an accident after hitting a deer, plus what you should do and how to avoid such accidents in the future.

Is it illegal to hit a deer and leave?

While it is usually advisable not to leave the scene of an accident without telling anyone, in most states it is not illegal. However, there are some caveats:

Most states require you to report an accident if there is damage to the vehicle or if any person was injured.^[2] Some states are more specific than others. For example, Florida requires the vehicle driver to report if there is injury, death or apparent property damage of $500 or more.
In some states, like Vermont, you are required to report the accident if the large animal (deer, moose, bear, etc.) is injured or killed on a state highway.
Similarly in Georgia, it is not illegal to hit a deer and drive off without reporting it, but you do need to file a police report if the deer is still on the road.

Check the state and local laws in your area and keep the numbers of who you need to contact for reporting handy.

However, regardless of the law, ethically, it’s a good idea to call the authorities unless all of the following are true:

No human was injured.
No vehicle or other property damage occurred.
The deer was able to walk off or is otherwise completely clear of the roadway.

If you hit a deer can you keep it?

Roadkill laws vary widely by state. Some states like Arkansas, Ohio, Oregon and Tennessee allow you to do it with few restrictions. Others, including Indiana, Maryland, Massachusetts, Missouri and North Dakota only allow it with a hunting permit. In some states, the laws vary depending on the species. In Texas, it is completely illegal to salvage roadkill.^[3] Check the laws in your area before removing an animal.

What to do if you hit a deer while driving

Hitting a deer with your car can be a frightening and dangerous experience. Knowing the right steps to take can help ensure your safety and properly address the situation. Here’s what to do if it happens to you:

1. Ensure your safety.

First and foremost, as with any car accident, check yourself and any passengers for injuries, especially if the airbag has deployed. If anyone is hurt, call 911 immediately. Your safety and the safety of others are the top priorities.

2. Move to a safe location to access damage.

If your vehicle is still operational, move it to the side of the road to avoid causing further accidents. Turn on your hazard lights to alert other drivers of the situation. Inspect your vehicle for any serious damage and ensure it's safe to drive. If there's significant damage, call for roadside assistance.

3. Stay calm and don’t approach the deer.

It's important to stay calm. Do not attempt to approach or move the animal, as it may be injured and could react unpredictably, posing a danger to you.

4. Call the authorities.

Contact local law enforcement to report the accident. As mentioned above, legally this isn’t always required; however, it is still advisable. Call 911 if there is damage to your vehicle or any injuries. The police or first responders can help manage the situation and ensure the safety of all involved. If there are no injuries or damages, call animal control, your area’s game warden or other non-emergency number to alert them. If the injured or dead animal is in the roadway, they can help to clear it.

5. Document the incident

If it's safe to do so, take photos of the scene, including any damage to your vehicle and the deer. This documentation can be useful for insurance claims.

6. Contact your insurance company.

Notify your insurance company about the accident as soon as possible. Provide them with the details and any photos you took. They will guide you through the claims process

7. Seek medical attention if needed.

Even if you feel fine immediately after the accident, it's wise to seek medical attention. Some injuries, like whiplash, may not be immediately apparent.

Does insurance cover deer damage to your car?

A deer can cause significant damage to your vehicle. So as you assess the damage, your next question is probably: will my insurance cover this?

If you only have liability insurance, the answer is no. In order to have insurance coverage after a collision with a deer, you would need comprehensive coverage. Comprehensive coverage covers things not covered by collision insurance, including: weather damage, theft, vandalism and damage from animals.

The next question you might have is: will this raise my insurance rates?

Filing a claim with your insurance company will generally raise your rates. However, because a comprehensive claim is usually considered to be less your fault , it usually won’t raise your rates by as much as a collision claim (despite you obviously colliding with that deer).

Want more details on how hitting a deer affects car insurance?

Check out our guide, Is Hitting a Deer Covered By Car Insurance?, for rates and more information

How to avoid deer collisions

In addition to the expense of hitting a deer, it can be pretty traumatic. Here are some tips for preventing it from happening again.

Watch out for deer season. Be particularly alert for deer between October to December, as this is when the majority of accidents occur. Why? This is deer mating season, so the deer are more actively moving in search of mates.
Pay attention to signs. Deer crossing signs – yellow diamond with deer icons – mean there is a heavy population of deer in the area.
Deer in the headlights. Turn your high beams on in rural areas where it is safe to do so (making sure to turn them down if another driver is approaching). This increases visibility at night, and at dawn and dusk when deer are most active.
Stay in your lane. If a deer runs in front of you unexpectedly, calmly brake, but don’t swerve. Swerving into another lane or off the road can cause more damage and collisions with other vehicles.
Slow down. It can be tempting to speed down rural roads, but don’t! The more conservatively you drive, the better chance you have of stopping in time if a deer does run into the road.

Wrapping up

Getting into any kind of car accident is never a positive experience, but hitting a large animal like a deer can be particularly jarring. Make sure you take all the necessary steps to make sure you are safe and the right authorities are notified, then take steps to make sure it doesn't happen in the future.

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