Animal Crossing the Street DC Car Accident

Our DC car accident lawyers handle DC car accident animal crossing with surprising regularity. The average weight of an adult male deer is 203 pounds, with a maximum weight of 405 pounds. Female deer tend to be about 25% lighter than their male counterparts. The first issue regarding DC car accident animal crossings is who is liable and who may make a claim. There are two types of accident cases we handle related to animal crossings. To be successful in a personal injury lawsuit, we need a plaintiff or a victim who the defendant injures.

Moreover, there must have been some negligence by the defendant which caused the plaintiff’s injuries. Naturally, we cannot sue animals for crossing the street outside a crosswalk. So, who do we sue?

There are two potential defendants. First, if you are a passenger in a DC car accident, you may have a viable case against the driver in your car who caused the accident. Some people face a moral dilemma because they do not want to sue a friend or family member. It may be easier if it is an Uber. While it is understandable not to want to sue a friend on principle, note that the negligent driver’s insurance rates are going up regardless. Making a claim under their insurance policy should not increase their rates more than they already will.

The second scenario is if a negligent driver hits an animal crossing the street and then runs into your car or you as a pedestrian. In this scenario, a driver has a duty to maintain control of his vehicle. This is true even though an animal, like a deer, jumped out of the bushes at the last moment. The adverse driver has a duty to watch out for deer and, hypothetically, has breached that duty, causing you injury.

Understanding the Risk: Animal Crossings in Washington, DC

While Washington, D.C., is an urban area, it still has its fair share of animal-related accidents. Canal Road is a big culprit of animal crossings. For as many tall buildings and urbanization as DC has, we still have our fair share of green space and nature. Although seasonal temperatures do play a role in how much wildlife we encounter on the road, the same is true regarding the time of day. For example, deer are known to become very active around dawn. This is unfortunate because dawn is right when visibility is already reduced. The risk does not stop at a deer appearing in the middle of the road. Just the sight of a deer, even if not in harm’s way, can cause a startled driver to swerve and cause a head-on collision. While the startled driver is ultimately responsible, it causes havoc on the roadway.

Understanding the risk of animal crossings, particularly where animals are prone to cross, like near a stream, for example, can potentially reduce the number of animal crossing car accidents in DC. Education for drivers is critical. Signage can also help alert drivers of areas high trafficked by animals. Lastly, beware of herd behavior. Many animals, like deer, do not travel alone. If you see even one deer, even if it has crossed the road, reduce your speed and drive carefully. It is probable that more deer are nearby.

Common Animals Involved in DC Street Crossings

While deer are a major culprit, they are far from the only animal involved in DC crossings. While they are among the heavier animals that cross the road around Washington, D.C., the below-listed animals can each cause a startled driver to swerve into another lane, causing a car accident.

• Raccoons
• Squirrels
• Foxes
• Rabbits
• Geese
• Ducks
• Opossums
• Turtles
• Domestic pets like a cat or dog

How Animal Crossings Lead to Car Accidents in DC

Animal crossings can lead to car accidents in DC because of several reasons.

1. As referenced above, when a wild animal appears suddenly in the roadway, particularly when you are moving fast, there is little time to react. While not the appropriate response, swerving out of the way can be common to avoid hurting the animal.
2. A second reason that is just as common is that the animal may serve as a distraction for a driver. Taking a moment to take your eyes off the road and look at a passing animal can be all it takes to rear-end the car in front of you or shift to a different lane.
3. A third reason might be due to the high-speed limits on roads susceptible to animal crossings. Roads like Canal Road, Foxhall Road, MacArthur Boulevard, and Chain Bridge Road all see frequent animal crossings as well as higher speeds. Because these roads are more in the “suburbs” than roads closer to the heart of the District, higher speeds and more animals exist and make for an unfortunate combination.
4. A fourth reason is unpredictability. Some animals freeze in the headlights of a car. Meanwhile, others may behave more erratically, making it hard for a driver to predict its movement. This is all the more reason to slow down if you see signs of wildlife on the road.

Legal Implications

There are countless legal implications of animal-related car accidents. Here, we will discuss the essential points.

• Liability. In no circumstance will you be able to recover from an animal for your injuries. At the most, you may recover from a domestic pet’s owner as there may be some liability on their part. However, it is probable that at least one driver would be jointly and severally liable. In almost every circumstance, the driver who hit the animal and then hit another car, or the driver who swerved to avoid the animal, will be liable for injuries to other parties involved.
• Government liability. This is not likely to be a case that any personal injury lawyer would take, but it may be possible to make a claim. The claim would be that the DC government was negligent in not placing animal crossing signs on a road frequently crossed by animals. There are a few issues with this claim, however. First, even if we can establish with an expert witness that there should have been an animal crossing sign despite there not being one, it is still a stretch to prove that the lack of a sign was the proximate cause of the accident.
• Property damage. Beyond the obviousness of personal injuries that will result from an animal crossing car accident in DC, you will also have to deal with repairing your property damage. In this instance, if the accident was your fault, you will be stuck paying your deductible. But if someone else swerved because they saw an animal in the road, that negligent driver will ultimately be responsible for your property damage and injuries. Our personal injury lawyers can ensure they pay for your property damage if they were at fault in your car accident.

Speak With a Personal Injury Lawyer

Animal crossing car accidents in DC can be complex. It takes a skilled attorney to parse together what happened, especially given that only one side of the narrative may be told. If you have questions regarding an animal crossing car accident, contact our office today at (202) 331-7227.