Louisiana is called the Sportsman’s Paradise for a reason. We share the roads with all types of animals (not including the real wildlife). From alligators to turkeys, deer, cows, raccoons, and opossums, we see it all. The real problem? Spotting them at speeds that make quick reactions nearly impossible.

Just the other night, I was cruising down I-10 from the end of the Spillway to the Ascension Parish line and counted close to twenty deer along the shoulder. And those were only the ones I saw in the dark.

If you think that’s wild, I’m currently handling a case where a driver hit a buffalo!

In Louisiana, we share the road with more than just other drivers. When Bambi or a buffalo dine and dash in front of your vehicle, who pays the price? Does insurance cover it? Does it fall under that mysterious “Act of God” category that gets brought up in unexplained situations?

The Myth of the “Act of God” Claim

It sounds a bit dramatic because it is. It’s a legal term used to describe natural events so unpredictable that no human could have prevented them. They’re often brought up during hurricanes, tornadoes, and floods, not when a deer decides to play chicken in I-10.

In truth, you won’t often see “Act of God” in your auto policies. What’s important is the type of coverage you have. If you have comprehensive coverage, then you’re typically in luck. Your deductible will apply, but double-check your policy to see if it includes incidents involving wildlife.

What About Collision Coverage?

While you are technically in collision, it doesn’t apply to accidents with wildlife. If you swerve to avoid an animal and hit a tree, fence, or ditch instead, your collision coverage kicks in. It’s a subtle difference that warrants attention. Considering where we live and who we share the road and roadsides with, it’s ideal to have both collision and comprehensive coverage.

Who’s Liable When the Animal Isn’t Wild?

Another important distinction is when a collision occurs with a tame, domesticated animal. If the owner of the animal failed to keep it properly contained, the animal's owner could be liable for damages. It’s not automatic, though. You would need proof of negligence. This would include a damaged enclosure fence, missing signage, or prior incidents of escape. Situations like these just bleat and scream for an experienced accident-injury attorney.

What To Do if You Hit an Animal

Whether it’s a gator, turkey, or wayward buffalo, here’s what to do if you ever find yourself in this situation:

1. Pull over, turn on your flashers, and don’t approach the animal. Injured wildlife can be unpredictable.

2. Call 911 if there are injuries or significant damage. For livestock or larger animals, law enforcement can contact animal control or the owner.

3. Like a traditional auto accident, you need to document everything! Take photos of your vehicle, the animal, and the scene. Note the exact location (mile marker, cross street, nearby landmark, etc.).

4. Notify your insurance company as soon as possible.

5. Don’t admit fault.

The more info you collect, the smoother the claim process (and the easier it is for me to help you later).

The Wild Truth About Louisiana Roads

Our bayous, backroads, and highways are full of life, and they’re most active at night when it’s harder to see them. Whether it’s deer near the Spillway, cows on country roads, or a rogue gator looking for a snack, you can’t predict when nature will cross your path.

• Be alert in areas where wildlife may be present.

• Obey all traffic laws and adjust speeds due to adverse conditions such as rain or fog.

• Slow down in low-visibility areas.

• Check to ensure your policy includes comprehensive coverage.

• And if you do hit something, even a buffalo, call me.

Call me after an animal-related accident!

If an animal crosses your path, call E Eric Guirard Injury Lawyers for a free consultation. We’ll review your policy and help keep the real wild things (insurance companies) in check.