Anyone who drives the back roads around Ebensburg and Johnstown in November knows how fast a deer can step out of the tree line. Fall is breeding season, and the Pennsylvania Game Commission warns that deer are most active at dusk and dawn, right when the end of daylight saving time puts more commuters on the road.
Pennsylvania drivers file more animal collision insurance claims than drivers in any other state, with an estimated 141,000 claims between July 2025 and June 2026. Most deer collisions are handled entirely through the driver's own insurance. Some, however, involve another driver or a vehicle defect, and those can open the door to an injury claim. Here is how to tell the difference.
What to Do Right After Hitting a Deer in Pennsylvania
Get to a safe spot. Pull onto the shoulder if the car is drivable, turn on your hazard lights, and check on everyone in the vehicle.
Keep your distance from the deer. An injured deer can recover and run off, or it can kick. If it stays on the road or creates a hazard, report it to the Game Commission or local police.
Call the police when the law requires it. Under 75 Pa.C.S. Section 3746, drivers must notify police right away if anyone is hurt or a vehicle can't be driven from the scene. Even when a report isn't required, one can help document an insurance claim.
Take photos. Capture the damage, the road, the lighting, the deer, and any other vehicles involved.
Get checked out by a doctor. Neck, back, and head injuries often don't show up until a day or two later, and a prompt visit creates a medical record tied to the crash.
Pennsylvania residents who want to keep the deer can request a free permit by calling the Game Commission at 1-833-PGC-HUNT within 24 hours. To report a dead deer for removal from a state road, call PennDOT at 1-800-FIX-ROAD.
Sutton & Lovette's guide on what to do immediately after a car accident in Pennsylvania covers the rest of the reporting rules, including what happens when police don't come to the scene.
Does Car Insurance Cover Hitting a Deer?
For damage to your own vehicle, hitting a deer usually falls under comprehensive coverage, not collision. Comprehensive is optional in Pennsylvania, so a driver who carries only the state minimum may have no coverage for their own car. Lenders typically require it on financed or leased vehicles.
Swerving changes things. If you miss the deer but hit a guardrail, a tree, or another car, many insurers treat that as a collision claim with its own deductible. Policies differ, so it's worth checking how yours handles it before deer season peaks.
Injuries work differently. Every Pennsylvania auto policy includes first party medical benefits that pay for accident-related treatment no matter who was at fault. Under 75 Pa.C.S. Section 1711, the required minimum is $5,000, which a single emergency room visit and a few rounds of imaging can use up quickly. Sutton & Lovette's post on who pays your medical bills after a car accident in Pennsylvania explains what happens once those benefits run out.
When Someone Else May Be Liable After a Deer Collision
In a typical single-car deer strike, no one else is at fault, and the claim stays with your own insurer. Deer-related crashes often involve more than one vehicle, though, and that is where another party may be responsible.
The driver behind you. You brake hard for a deer and the car behind you can't stop in time. Drivers are expected to leave enough room to stop safely, so a following driver who rear-ends you may be responsible for your injuries.
A driver who swerves into your lane. An oncoming driver who jerks the wheel to avoid a deer and crosses the center line may be liable for the head-on or sideswipe crash that follows.
The driver of the car you were riding in. A passenger hurt because the driver was speeding, distracted, or impaired may have a claim against that driver's insurance, even when the driver is a friend or family member.
A commercial driver. If a delivery van or work truck caused the crash, the company that employs the driver may also be responsible.
A defective vehicle. If an airbag failed to deploy, a seat belt gave way, or the brakes failed, the manufacturer may be responsible. Don't let the car be scrapped before it can be inspected.
Sharing some of the blame doesn't automatically end a claim. Pennsylvania follows a modified comparative negligence rule, which allows an injured person to recover as long as their share of the fault is not greater than the other party's. Any recovery is reduced by their percentage of fault.
How Limited Tort Can Affect a Deer Collision Claim
When another driver is at fault, the tort option on your own policy matters. Full tort keeps the right to seek compensation for pain and suffering. Limited tort generally restricts that right unless the injury meets Pennsylvania's serious injury threshold or another exception applies.
Many drivers don't remember which option they picked when they bought their policy. It is listed on the declarations page, and it's worth checking before a conversation with any insurance adjuster.
Talk With a Central Pennsylvania Car Accident Lawyer
If you were hurt in a deer-related crash in Ebensburg, Johnstown, or anywhere in Central Pennsylvania, and another driver or a vehicle defect may have played a role, Sutton & Lovette offers a free consultation to talk through what happened. Calls go straight to the office, not an answering service. Call (814) 471-7702 today.
This post provides general information and is not legal advice. Every case is different. Past results do not guarantee a similar outcome.
