Ylla Gosney, Attorneys at Law represents anyone that’s been injured in an Oklahoma City car accident, including those injured in accidents caused by deer. Especially in the fall and winter months, deer are plentiful in Oklahoma City and the surrounding area. This, unfortunately, often leads to car accidents. Our team can guide and support you through the claims process to take care of any injuries or other losses. Contact us today for a free consultation to learn more.
Why Do You Need a Lawyer?
Any situation where you’re in a car accident is difficult. Usually, though, you only need a lawyer if you’ve suffered serious injuries or if the scenario itself is more complicated. Both of these things are true when there’s a deer that causes your car accident. And that’s where our team’s experience and guidance can be crucial to your claim’s success. Here’s how we can help you:
- Investigating the accident for the root cause
- Gathering and putting together medical records and other evidence
- Explaining your options and rights
- Negotiating with insurance companies
- Filing a lawsuit, if need be
Again, our overall goal is to make this difficult situation easier on you and your family. When you’re injured in a car accident, it’s just unfortunate. But when it’s caused by something as unpredictable as a deer or some other wild animal, it’s all the more frustrating. Still, it’s helpful to remember that you have options.
What Legal Options Do You Have After a Deer Causes a Car Accident?
For as seemingly random as it is, being in a car accident that’s caused by a deer in the road is still the same as any other in the eyes of the law. When there’s two (or more) drivers involved, it’s probable that someone is going to be liable. And before we get into how you figure that out, you have to look at your legal options that allow you to recover “damages” from the accident.
Thankfully, this is like any other accident–you file an injury claim. Now, the way you file your claim depends on the specifics and what your needs are. Generally, though, you have two options:
- Filing an insurance claim
- Filing a lawsuit
Filing a claim with an insurance company after a deer-related accident is often faster and less complicated, though it generally leads to a lower settlement amount because the process is controlled by the insurance company. If you opt to file a lawsuit, you may get more financial support, especially for severe injuries. But, this process is usually more time-intensive and usually requires significant involvement from you.
Regardless of the options you choose, the point is to recover “damages” for your:
- Medical bills and ongoing care expenses
- Lost income and any future earnings if you can’t return to work
- Vehicle repair or replacement costs
- Compensation for pain, suffering, and emotional distress
- Support for reduced quality of life
- Wrongful death expenses if the accident was fatal
- Punitive damages if gross negligence was involved
While filing a claim is an option, the outcome depends heavily on the evidence you collect and how effectively it’s presented. In Oklahoma, you have two years from the accident date to file a claim. If you miss this deadline, you won’t be able to recover damages.
Who Pays For Damages in a Car Accident Involving a Deer?
Probably the biggest question you have after being in a car accident that’s caused by a deer is simple: who pays for your damages? While it’s true that this is a unique situation, the actual legal standard for figuring this out is still the same: showing negligence.
In this particular type of accident, most drivers instinctively swerve to avoid a deer. But swerving can cause an accident, and legally, this action might be seen as careless.
As such, any of the following could be liable for the car accident and would have to pay for your damages:
- Drivers – Drivers have a duty to stay safe on the road. If they swerve to miss a deer and end up hitting another car or going off the road, they might be responsible for the crash.
- City or state government – If the accident happened in a high-deer area with no warning signs, the city or state might share some blame for not putting up proper safety alerts.
- Landowners – If a private property attracts deer and creates a higher chance of them crossing the road, the property owner could be partially responsible if there are no warnings.
- Car or parts manufacturers – If the car’s design or safety features made the accident worse, like poor visibility, the car manufacturer might also be held responsible.
Even though deer-related accidents feel different, they’re like any other car accident in terms of the aftermath–injuries and costs you need to cover. Figuring out who’s responsible helps you understand who should pay for your damages, but there’s a few things that you can do to protect your claim.
How Can You Protect Your Claim After a Deer Causes a Car Accident?
The biggest challenge in a deer-related car accident is the surprise factor. These accidents happen so suddenly that you and other drivers often don’t have time to react. Even still, there’s certain steps you can take after the accident itself to protect your potential claim:
- Move off the road – If possible, move your car to the side of the road. Check yourself for injuries and take note of any damage to your car.
- Call 911 – Call 911 to get help from local police and, if needed, an ambulance. They’ll provide medical help and document the accident.
- Document the scene – Take photos of the scene, including any car damage, the deer, and surrounding areas. These photos will be important evidence for your claim.
- Gather other information – If other drivers were involved, get their contact and insurance details. Write down any details about the accident, like time, location, and weather conditions.
- Contact your auto insurance company – Call your auto insurance provider to start the claims process. Share all the information and photos you’ve collected, but remember to be careful with your statements.
While these steps are important in any accident, they’re especially critical for deer accidents, which can cause serious damage. Taking these steps helps protect your claim, but you can still work with our team to make sure you get the most out of the legal process.
Get Legal Help After an Oklahoma City Car Accident Caused by a Deer
At Ylla Gosney, we know that there’s any number of things that can cause a car accident in Oklahoma City. It’s not always things you can prepare for, which includes deer and other wildlife that might run out in front of you or another driver. When you’re hurt in one of these accidents, our Oklahoma City car accident lawyers can guide and support you through the legal process. Don’t wait–contact us today for a free consultation.
