Vermont roadways are renowned for their beauty, winding through the Green Mountains, dense forests, and open farmlands. However, this rural landscape presents a unique danger to motorists: the high probability of encountering animals on the road. From white-tailed deer leaping across Route 7 to dairy cows wandering onto country lanes in the Northeast Kingdom, animal-car accidents in Vermont are a frequent occurrence in the state.

These accidents often result in significant vehicle damage, severe physical injury, and complex legal disputes. Unlike a standard collision between two vehicles, determining fault in an animal-related crash involves a distinct set of laws. The question of who pays depends heavily on what kind of animal was involved, who owns it, and how the driver reacted in the moments before the impact.

Navigating the aftermath requires a clear view of Vermont statutes regarding wildlife, domestic pets, and livestock, as well as an analysis of insurance policies and negligence standards.

Vermont Wildlife Car Accident Laws

The vast majority of animal collisions in Vermont involve wildlife. Deer, moose, black bears, and wild turkeys are common sights on state highways. When a driver hits a wild animal, the legal reality is often frustrating for the victim. Since no individual or entity owns wild animals, there is typically no negligent party to hold accountable.

The state government is legally responsible for managing wildlife, but it is not held accountable for the behavior of wild animals. You cannot sue the State of Vermont or a local municipality for a deer running into the road, even if the area is known for high deer activity and lacks warning signs. These incidents are typically classified as "Acts of God" or unavoidable events.

Insurance Implications for Wildlife Collisions

Since there is no liable third party to sue, financial recovery falls solely on the driver’s own auto insurance policy. This aspect is where the distinction between collision and comprehensive coverage becomes vital.

Comprehensive coverage is the specific portion of an auto insurance policy that covers damage caused by “falling objects, fire, theft, explosion, earthquake, windstorm, hail, water, flood, malicious mischief or vandalism, riot or civil commotion, contact with bird or animal, or breakage of glass."

If you hit a deer, you will file a claim against your own comprehensive coverage. You will be responsible for the deductible, but the insurer generally pays for the repairs or the cash value of the totaled vehicle. If you only carry liability insurance, you will likely have to pay for all vehicle repairs out of pocket.

Domestic Animal Car Accident Liability in Vermont

The legal landscape shifts dramatically when the animal involved is a domestic pet, such as a dog or cat. Unlike wildlife, these animals have owners who are legally responsible for their supervision and control.

Pet owners in Vermont have a duty to prevent their animals from becoming a hazard to the public. If a dog darts into traffic and causes a car to crash, the owner may be held liable for the resulting damages under Vermont's liability standards for domestic animal car accidents.

However, liability is not automatic. Vermont law does not impose strict liability for all animal-related accidents. Instead, the injured driver must typically prove that the pet owner was negligent. This means showing that the owner failed to exercise "reasonable care" in controlling the animal.

Proving Negligence in Vermont Pet Collisions

To succeed in a claim against a pet owner, a driver usually needs to demonstrate that the owner knew, or should have known, that the animal posed a risk.

Evidence of negligence might include:

• Violating Local Leash Laws: Many Vermont towns and cities have ordinances requiring dogs to be leashed or under direct control. If the accident occurred because a dog was roaming freely in violation of these statutes, this is strong evidence of negligence per se.
• Prior Incidents: If the dog had a history of chasing cars or escaping its yard, the owner had a duty to take stronger precautions.
• Inadequate Restraint: Leaving a dog in an unfenced yard near a busy road or using a broken tether can constitute a failure of reasonable care.

If negligence is proven, the pet owner’s homeowner’s insurance or renter’s insurance usually covers the driver’s property damage and medical expenses.

Who Is At Fault for a Livestock Accident in Vermont?

Sharing the road with farm animals is a common reality for drivers in agricultural Vermont. Collisions involving livestock such as cows, horses, or sheep pose a significant danger due to the immense size and weight of these creatures. Indeed, striking a 1,500-pound Holstein cow can be as devastating as colliding with another vehicle.

When a livestock-on-road accident occurs in Vermont, liability is determined by investigating how the animal managed to escape its enclosure.

Open Range Laws: Vermont vs. Fenced-In Statutes

It is a common misconception that rural areas operate under "open range" laws where animals are free to roam. In reality, Vermont is generally a "fence-in" state. Farmers and livestock owners have a legal obligation to maintain adequate fencing to keep their animals contained and off public rights-of-way.

Vermont law holds that animal owners have a duty to restrain their animals. For instance, if a horse or cow is found loose on a highway, the law often presumes the owner failed in their obligation to secure the animal.

Investigating Farm Liability

To win a Vermont personal injury animal accident claim involving livestock, your attorney must typically prove that the farmer was negligent in maintaining their property.

Key factors in these investigations include:

• Fence Condition: Was the fence in a state of disrepair? Were posts rotted or wire rusted?
• Gate Security: Was a gate left unlatched or unsecured?
• Electric Fences: Was the power source functioning at the time of the escape?
• Knowledge of Escape: Did the farmer know the animals were prone to escaping and fail to fix the issue?

If the farmer took all reasonable precautions—for example, they had a brand new fence that was destroyed by a sudden, unforeseeable lightning strike—a court might find them not liable. However, if the escape resulted from poor maintenance, the farmer’s liability insurance for the farm should cover the damages.

Hitting an Animal in Vermont: Liability and The Driver’s Role

While the animal’s owner plays a major role in liability, the actions of the motorist are scrutinized just as closely. In Vermont liability cases involving hitting an animal, they often turn on whether the driver reacted reasonably to the hazard.

All drivers in Vermont have a "duty of reasonable care" to operate their vehicles safely. This includes keeping a proper lookout, driving at a safe speed for conditions, and maintaining control of the vehicle.

The Problem of Swerving

One of the most contentious issues in animal accident claims is the driver’s decision to swerve. Instinct tells a driver to jerk the steering wheel to avoid killing a living creature. However, from a legal and insurance perspective, swerving is often the wrong choice.

The "Sudden Emergency" Defense: If a driver swerves to avoid a deer and crashes into a tree or another car, insurance adjusters often argue that the driver is at fault. They may claim the driver overreacted or was driving too fast to stop safely.

• Collision with the Animal: If you hit the animal, the damage is covered under comprehensive insurance (usually without a rate hike, depending on the carrier).
• Collision with an Object: If you swerve and hit a guardrail, it is classified as a collision claim. This scenario is considered an at-fault accident, and you are generally liable for the damage to your car and any property you hit.

Exceptions exist. If a large animal, like a moose or horse, creates an immediate and unavoidable hazard where hitting it would cause death or severe injury, swerving might be argued as a reasonable emergency maneuver. However, proving such an argument is the case requires substantial evidence.

Vermont Comparative Negligence and Car Accidents Involving an Animal

In many animal collision cases, the fault is shared. The defense might argue that while the farmer left the gate open, the driver was also speeding or distracted.

Vermont follows a modified comparative negligence standard with a 51% bar. This rule dictates how compensation is awarded when multiple parties share the blame.

• You must be less than 51% at fault: To recover damages, your share of the blame must be 50% or lower. If you are found to be 51% or more responsible for the accident, you are barred from recovering any compensation.
• Damages are reduced by your percentage of fault: If you are found 20% at fault and the animal owner is 80% at fault, your total compensation award will be reduced by 20%.

For example, if a jury awards you $100,000 for injuries caused by hitting a cow but determines you were 10% at fault for broken headlights, you would receive $90,000.

Does Insurance Cover Animal Car Accidents in Vermont?

Recovering financial compensation requires identifying the correct insurance policy. Such policies can be a complex web of auto, home, and farm policies.

Types of insurance for car accidents involving animals that Vermont victims rely on:

• Auto Liability Insurance: Covers damage you cause to others. It does not cover your car in an animal strike.
• Comprehensive Auto Insurance: Covers your vehicle damage when hitting a live animal.
• Collision Auto Insurance: Covers your vehicle damage if you swerve and hit an object or if the animal is dead on the road when you hit it (some insurers classify hitting a carcass as a collision with an object).
• Homeowner’s/Renter’s Insurance: The primary source of recovery when a domestic dog or cat causes an accident.
• Farm Liability Insurance: A specialized commercial policy that covers farmers for damage caused by their livestock.
• Uninsured/Underinsured Motorist (UM/UIM) Coverage: If the animal owner is liable but has no insurance, or if their policy limits are too low to cover your medical bills, your own UM/UIM policy may provide coverage.

What to Do Immediately After a Car Accident Involving an Animal

Taking specific steps at the scene is necessary to protect your rights and strengthen a potential claim for a Vermont car accident involving an animal.

1. Call the Police: Always report the accident, especially if there is significant property damage or injury. A police report provides an official record of the time, location, and conditions.

2. Document the Animal: If it is safe to do so, take photos of the animal. If it is a domestic animal or livestock, try to identify any tags, brands, or markings that could identify the owner.

3. Photograph the Scene: Capture images of the road conditions, skid marks, vehicle damage, and the surrounding area. If a farm animal escaped, take photos of broken fences or open gates before they can be repaired.

4. Identify Witnesses: Get contact information from anyone who saw the accident or who knows the animal’s owner. Neighbors often have valuable information about previous escapes or the owner’s habits.

5. Seek Medical Attention: Adrenaline can mask injuries. Visit a doctor immediately to document any physical harm. This medical record serves as the foundation for a personal injury claim.

Secure Your Compensation Now: Vermont Car Accident Attorney for Animal Collisions

Attempting to handle a claim involving an animal owner can be very difficult. Insurance adjusters for homeowners and farmers are trained to minimize payouts. They may argue that the animal was provoked, that the escape was an Act of God, or that you were speeding.

A Vermont car accident lawyer and animal collision specialist ensures a fair and impartial outcome.

How an attorney helps:

• Locating the Owner: In hit-and-run cases involving dogs, an attorney can work with local animal control and use neighborhood inquiries to find the responsible party.
• Expert Analysis: Attorneys can hire accident reconstruction experts to prove that swerving was a reasonable reaction to a sudden hazard or that the farmer’s fencing was non-compliant with industry standards.
• Maximizing Compensation: An attorney ensures that your claim includes all eligible damages, including past and future medical bills, lost wages, vehicle repair or replacement, and pain and suffering.

Need Legal Help? Brandon J. Broderick, Attorney at Law, Is Just One Phone Call Away

An unexpected collision with an animal can turn a peaceful drive into a financial and physical nightmare. Whether you are dealing with a denied insurance claim after hitting a deer or need to hold a negligent pet owner responsible for your injuries, you generally need aggressive legal representation.

At Brandon J. Broderick, Attorney at Law, we are committed to helping Vermont drivers recover the compensation they deserve. We know how to investigate animal liability cases, challenge insurance company defenses, and advocate for your rights.

Do not pay for someone else’s negligence. Contact us today for a free consultation to discuss your case.