Florida’s rich and diverse ecosystems are home to a wide range of wildlife, from deer and raccoons to alligators and bears. While this diversity is one of the state’s most cherished assets, it also poses a unique challenge for drivers. Collisions involving animals are surprisingly common in Florida, especially on rural roads, highways near natural preserves, and during specific seasons when wildlife is more active. Knowing how to handle such situations is crucial for your safety, legal protection, and responsible coexistence with Florida’s wildlife.
This brief guide will help you understand the risks, what steps to take if an animal causes an accident, and how to navigate the legal and insurance processes that follow.
Why Florida Drivers Are at Higher Risk of Animal-Related Accidents
Florida’s diverse geography includes wetlands, forests, and coastal plains, which are natural habitats for many wildlife species. Common animals that pose risks to drivers in Florida include:
- White-Tailed Deer: Especially active during dawn, dusk, and mating season (October to December).
- Alligators: Found near water bodies, they sometimes cross roads, particularly during warmer months.
- Wild Hogs: Present a significant danger due to their size and tendency to travel in groups.
- Black Bears: Found in rural and forested areas, especially in Central Florida and the Panhandle.
- Birds and Reptiles: Smaller animals like turtles and birds can also cause drivers to swerve or stop suddenly, leading to accidents.
Due to these factors, Florida drivers must be particularly vigilant when traveling through wildlife-prone areas.
Steps to Take If You Hit an Animal or an Animal Causes an Accident
Collisions involving animals can be startling and dangerous. Here are the essential steps to follow if you find yourself in this situation:
1. Prioritize Safety
- Check for Injuries: Immediately assess yourself and any passengers for injuries. If anyone is hurt, call 911 right away.
- Move to a Safe Location: If possible, pull over to the side of the road or a safe area away from traffic. Turn on your hazard lights to alert other drivers.
- Stay in Your Vehicle: If you hit a large animal like a deer or bear, remain in your vehicle. Injured animals can be unpredictable and dangerous.
2. Call Law Enforcement
- Report the Accident: Contact local law enforcement or the Florida Highway Patrol to report the accident, especially if there are injuries, significant damage, or the animal is blocking traffic.
- File an Official Report: A police report can serve as important documentation for insurance claims and potential legal matters.
3. Document the Scene
Thorough documentation can help with insurance claims and any necessary legal proceedings.
- Take Photos and Videos: Capture images of:
- The damage to your vehicle
- The animal involved (if safe to do so)
- Skid marks, road conditions, and surroundings
- Note the Location and Time: Record the exact location (road name, mile marker, nearby landmarks) and the time of the accident.
- Collect Witness Information: If there were any witnesses, get their contact information and statements.
4. Do Not Approach Injured Wildlife
- Avoid Touching or Moving the Animal: Injured animals can be aggressive or carry diseases.
- Call Wildlife Authorities: Contact the Florida Fish and Wildlife Conservation Commission (FWC) at 888-404-FWCC (3922) to report the animal and request assistance.
5. Seek Medical Attention
- Get Checked for Injuries: Even if you feel fine, it’s a good idea to seek medical attention. Some injuries may not be immediately apparent due to adrenaline.
Dealing with Insurance After an Animal-Related Accident
Understanding how insurance applies to animal-related accidents can help you navigate the claims process more smoothly.
Comprehensive Insurance Coverage
- What It Covers: Comprehensive insurance typically covers damage caused by hitting an animal (e.g., deer, alligator) or if an animal runs into your vehicle.
- Collision Coverage: If you swerved to avoid an animal and hit another object (e.g., a tree or guardrail), collision coverage applies rather than comprehensive coverage.
Steps for Filing a Claim
- Notify Your Insurance Company: Report the accident as soon as possible. Provide the details and documentation you gathered at the scene.
- Submit the Police Report: A copy of the police report can support your claim and validate your account of the accident.
- Provide Medical Records: If you or your passengers were injured, include medical documentation in your claim.
Deductibles and Premiums
- Deductibles Apply: Be aware that you’ll need to pay your deductible before your insurance covers the remaining costs.
- Impact on Premiums: In many cases, hitting an animal is considered a “no-fault” accident and may not increase your premiums, but this depends on your insurer’s policies.
Legal Considerations for Animal-Related Accidents
In most cases, no party is at fault when wildlife causes an accident. However, there are exceptions and legal factors to consider:
Liability in Domestic Animal Cases
- Livestock and Pets: If your accident involves a domestic animal (e.g., a dog or cow), the owner may be held liable if they were negligent in allowing the animal to roam freely.
- Document Negligence: If you believe the animal’s owner was negligent, document the scene thoroughly and seek legal advice.
Comparative Fault in Florida
- Comparative Negligence: If you swerved to avoid an animal and caused an accident, Florida’s modified comparative negligence rule may apply. If you are found to be more than 50% at fault, you may be unable to recover damages.
Preventing Animal-Related Accidents
While accidents involving animals aren’t always avoidable, these precautions can help reduce the risk:
- Stay Alert at Dawn and Dusk: Wildlife is most active during these times.
- Use High Beams: When driving at night in rural areas, use high beams when appropriate to improve visibility.
- Slow Down in Wildlife Zones: Pay attention to wildlife crossing signs and reduce speed accordingly.
- Don’t Swerve Abruptly: If a collision is unavoidable, brake firmly but avoid swerving, as this can lead to more severe accidents.
- Stay Calm: If you encounter an animal, stay calm and brake in a controlled manner.
Let a Florida Personal Injury Attorney Help After an Animal-Related Accident
Florida’s abundant wildlife makes the state unique, but it also requires drivers to remain vigilant and prepared for potential encounters on the road. Knowing what to do immediately after an animal-related accident can protect your safety, simplify the insurance process, and help you navigate legal complexities. By understanding your responsibilities and rights, you can handle these situations confidently and responsibly.
Stay safe, drive carefully, and always be mindful of the wildlife that shares Florida’s beautiful landscapes with us. Contact our office for immediate assistance regarding animal-related accidents.
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