After hitting a deer or moose in Maine, move to safety, call 911 if anyone is hurt, photograph everything, and get medical care even if you feel fine. A collision with an animal is usually handled through your own insurance. But if another driver’s behavior contributed, such as following too closely, swerving, or rear-ending you, you may have a claim against that driver.
Every fall, Maine drivers get a reminder that the roads belong to wildlife too. The Maine Department of Transportation calls November “Deer Collision Month” because deer movement peaks during breeding season, and the same agency warns that moose are especially unpredictable from August through October. If you drive I-95, Broadway, or Hogan Road in the Bangor area around dusk, you already know how fast a quiet drive can turn into a split-second decision.
At McCue Law Office, we have helped Maine crash victims since 1980. This guide covers what to do in the first hour, who typically pays, and the situation most articles skip: the crash that starts with an animal but is actually caused by a person.
MaineDOT’s five-year review of wildlife crashes (2017–2021) counted 28,097 reported deer crashes and 1,351 moose crashes statewide. That averages roughly 5,600 deer crashes and 270 moose crashes a year.
The numbers hide a bigger difference. A moose can weigh well over a thousand pounds and stands tall enough that the body often comes through the windshield. A deer crash is usually a repair bill. A moose crash can change your life, which is why we treat serious cases as potential catastrophic injury or brain injury claims.
If the car can move, pull onto the shoulder and turn on your hazards. If it can’t, stay buckled in with the hazards on and call 911. Call 911 whenever anyone is hurt or the animal is still on the road. Do not approach an injured moose or deer. MaineDOT warns that moose can be unpredictable and may attack a vehicle.
Photograph the animal, the road, skid marks, your damage, the other vehicles, and the weather. Report the crash to law enforcement, since a police report is the document insurers rely on. Later that night, write down the time, your speed, the lighting, what you saw, and who stopped to help.
Concussions and soft-tissue injuries can take days to show up, and early medical records make it easier to connect your symptoms to the crash. In the Bangor area, that can mean Northern Light Eastern Maine Medical Center or St. Joseph Hospital. We keep a longer checklist in our guide to the steps to take after an auto accident in Bangor.
→ Hurt in a wildlife-related crash? Time and evidence are critical. Contact McCue Law Office at (207) 421-9406 for a free consultation.
In most cases there is no at-fault driver, so the claim goes through your own policy. Comprehensive coverage usually pays for vehicle damage from hitting an animal; it is optional and subject to your deductible. Collision coverage usually applies when you hit another vehicle or object, not an animal, though policies vary. Medical payments (MedPay) coverage can help with your medical bills regardless of fault, up to your limit. Uninsured/underinsured motorist coverage matters if another driver is involved and has no insurance or too little.
Read your actual policy, because wording and deductibles differ. If an insurer tells you the claim is denied, undervalued, or “your fault,” that is the time to get help dealing with the insurance company.
Wildlife crashes often set off a chain of human decisions. You brake for a deer and the car behind you doesn’t; the rear driver may be liable for following too closely or being distracted, even though the animal started it. An oncoming driver swerves into your lane to avoid an animal and hits you head-on. A multi-vehicle pile-up forms after the first strike, and fault is split among several drivers.
A tractor-trailer or delivery vehicle that can’t stop in time brings in company policies, driver logs, and larger insurance policies. See our page on truck accidents. A motorcyclist who hits an animal or swerves to miss one can suffer severe injuries. See motorcycle accidents.
In any of these, Maine’s comparative fault law (14 M.R.S. § 156) can affect what you recover if the other side claims you share the blame. Evidence disappears fast on a dark rural road. Dashcam footage, nearby surveillance video, vehicle event data, and witness details are all worth securing early. Our guide on evidence in Maine auto accident claims explains what to collect.
Telling an adjuster “I’m fine” or giving a recorded statement before you know your injuries is the most common one. Others include skipping the doctor because the pain seems minor, posting about the crash on social media, repairing the car before photos and estimates are documented, and assuming no one else was involved when a second vehicle left the scene. Learn more about your legal rights as an auto accident victim before you sign anything.
If anyone is injured, call 911 and make sure a report is filed. Maine also requires reports for crashes above a property-damage threshold. Even when a report isn’t required, it helps your insurance claim.
It depends on your insurer and policy. Animal strikes are typically treated differently from at-fault collisions, but ask your carrier directly.
Maine generally allows six years to file a personal injury lawsuit (14 M.R.S. § 752). Insurance policies may require much faster notice, so don’t wait.
If another driver played a part, or you were seriously hurt, McCue Law Office can review what happened and explain your options. We handle personal injury cases on a contingency basis, so you pay no attorney fees unless we recover money for you. We also offer virtual and in-home consultations anywhere in Maine.
→ Don’t let an insurance company decide what your injuries are worth. Call McCue Law Office at (207) 421-9406 or contact us online today.
Related: As the clocks change and Halloween approaches, read our guide to staying safe on Maine roads this Halloween weekend.
This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship.
