Every fall, more deer cross Lehigh Valley roads. The Pennsylvania Game Commission says October, November and December are when deer move the most. If you hit a deer on I-78, Route 22 or a dark back road outside Allentown, Bethlehem or Easton, this guide covers what to do, who pays and when the crash becomes an injury claim against another driver.
The short answer: get to a safe spot, call police if anyone is hurt or a vehicle has to be towed, photograph the scene and notify your insurer. Your own policy usually pays first. If another driver's reaction to the deer caused the crash, you may have a claim against that driver.
Why Fall Is the Most Dangerous Time for Deer Crashes
According to the Game Commission, the fall breeding season keeps deer on the move, often around dawn and dusk when commuters are on the road. Statewide, PennDOT reports that deer-related crashes have risen since 2020. The 2024 total of 6,426 was a five-year high.
PennDOT's count includes more than direct hits. A crash counts as deer-related when a driver takes evasive action because a deer appeared in the roadway, whether or not the deer was struck. That matters, because many serious deer crashes happen when a driver swerves or brakes hard and another vehicle gets involved.
What to Do After Hitting a Deer
- Get safe. Pull over if you can, turn on your hazards and do not approach an injured deer.
- Call police when the law requires it. Under Pennsylvania law, you must immediately notify the nearest police department if anyone is injured or killed, or if any vehicle is damaged so badly it cannot be driven and must be towed (75 Pa.C.S. § 3746(a)). The investigating officer will give you a signed statement that the crash was reported (75 Pa.C.S. § 3746(c)).
- File your own report if police do not investigate. If a crash that must be reported is not investigated by police, each driver involved must send a written report to PennDOT within five days (75 Pa.C.S. § 3747(a)). See what happens if you wait too long to report a crash.
- You do not have to report it to the Game Commission. To report a dead deer on a state road, call PennDOT at 1-800-FIX-ROAD.
- Document everything. Photograph the vehicles and the road, and get names and contact details for witnesses and any other driver.
- Get checked out and notify your insurer. Some injuries do not show up right away. See a doctor and report the crash to your insurer promptly.
Who Pays When It Is Just You and the Deer
Damage to your vehicle
The Pennsylvania Insurance Department says damage from hitting a deer is handled under comprehensive coverage, which is optional. The Department treats a wildlife crash as a not-at-fault incident, so your premium should not go up because of it. Comprehensive is not required in Pennsylvania, so a minimum-only policy may not pay to repair your own car.
Your injuries
Every Pennsylvania private passenger auto policy must include a first-party medical benefit of $5,000 (75 Pa.C.S. § 1711(a)), and you can buy higher limits. These benefits are paid in a set order, starting with the policy on which you are the named insured (75 Pa.C.S. § 1713(a)). So your own policy is usually the first to pay your medical bills.
Tip: Check your declarations page before November for comprehensive coverage, your medical benefit limit and your tort option.
When a Deer Crash Becomes an Injury Claim Against Another Driver
A deer is not anyone's fault, but how other drivers react to one can be. A deer crash may become a claim against another driver when:
- You braked for a deer and were rear-ended. Drivers must be able to stop within the assured clear distance ahead (75 Pa.C.S. § 3361), so a driver following too closely may be found negligent.
- Another driver swerved into you. A driver who swerves across the center line or off the road to avoid a deer and hits you may be responsible, depending on how the crash unfolded.
Fault is not always all or nothing. Under Pennsylvania's comparative negligence law, your own share of fault does not bar recovery as long as it is not greater than the fault of the other driver or drivers, though your damages are reduced by your share (42 Pa.C.S. § 7102(a)). Learn more about how comparative negligence works in Pennsylvania.
Your tort option matters too. With limited tort, you generally cannot recover for pain and suffering unless the injury is a "serious injury" (75 Pa.C.S. § 1705(d)). There are exceptions. One of them applies when the at-fault driver was operating a vehicle registered in another state, a situation that can arise on I-78 with its steady interstate traffic.
If the driver who caused it drove away
If a driver forces you off the road and never stops, Pennsylvania law treats an unidentified vehicle that causes an injury crash as an "uninsured motor vehicle" if the crash is reported to police and you notify your insurer of your claim within 30 days, or as soon as practicable after that (75 Pa.C.S. § 1702). You can then use your own uninsured motorist coverage, but only if you bought it; insurers must offer it, but it is optional (75 Pa.C.S. § 1731).
Deadlines to Keep in Mind
- 5 days: written report to PennDOT if police did not investigate a reportable crash (75 Pa.C.S. § 3747(a)).
- 30 days: notice to your insurer in a hit-and-run or unidentified-driver claim (75 Pa.C.S. § 1702).
- 2 years: the general deadline to file a personal injury lawsuit based on negligence (42 Pa.C.S. § 5524(2)). See our guide to the two-year statute of limitations for car accident claims.
Frequently Asked Questions
Do I have to call the police after hitting a deer?
You must immediately notify police if anyone is injured or killed, or if a vehicle cannot be driven and must be towed (75 Pa.C.S. § 3746(a)). Either way, photos and notes help your insurance claim.
Does my insurance cover hitting a deer?
Damage to your car is covered only if you carry comprehensive coverage. Your medical bills are first paid through your own first-party medical benefits.
What if another driver hit me after I stopped for a deer?
You may have a claim against that driver. Drivers must be able to stop within the assured clear distance ahead (75 Pa.C.S. § 3361), and following too closely can be negligence.
Talk to a Lehigh Valley Car Accident Lawyer
If you were hurt in a deer-related crash involving another driver, you do not have to deal with the insurance companies alone. Leeson & Leeson Accident and Injury Attorneys has fought for injured people across the Lehigh Valley since 1969. Our attorneys serve clients in Allentown, Bethlehem and Easton. See our Allentown car accident lawyer, Bethlehem car accident lawyer and Easton car accident lawyer pages, or browse our Pennsylvania car accident resources.
Do not wait to get the help you deserve. Call (610) 691-3320 to schedule a consultation today.