Stopped After Hitting a Deer: Who’s at Fault in This Highway Chain-Reaction Crash?

This case involves a chain-reaction crash on a highway at night after a vehicle struck a deer and stopped in the fast lane.

Time of Accident : Around 10:00 p.m.

Road Conditions

Road Type: Expressway

Lanes: Two lanes in one direction; the crash occurred in the left (fast) lane

Lighting: Limited or no street lighting in that area

Surface: Dry pavement; no rain or ice at the time

Surroundings: Forested or farmland areas nearby, with a high risk of wild animals—such as deer—entering the road


Sequence of Events

Initial Collision: An SUV collided with a wild deer (roe deer) that suddenly darted onto the expressway.

Vehicle Stopped: After the collision, the SUV came to a stop in the left lane of the highway. The driver got out of the vehicle and stood nearby while calling the police and attempting to assess the situation.

Secondary Crash:

A passenger car approaching from behind failed to notice the stopped SUV in time and crashed into it.

Alternatively, the driver may have swerved suddenly and lost control.

During this secondary impact, the SUV driver, who was standing next to his vehicle, was struck and killed, and three people in the other vehicle were injured.

A nighttime highway scene showing the rear view of a white SUV stopped in the left lane, with a roe deer standing ahead of the vehicle in the same lane, facing the headlights. The right lane is empty, and the road is surrounded by dark forest.


Fault Assessment

SUV Driver (First Collision)

The initial impact with the deer is considered a natural and unavoidable accident.

However, stopping in the active lane and remaining near the vehicle instead of moving to a safer location is seen as a breach of roadside safety protocol.

On highways, drivers are expected to move the vehicle to the shoulder and seek safety after a collision whenever possible.

Fault Factors: Failure to secure the scene, remaining in the active lane after an accident

Passenger Car Driver 

The driver failed to maintain a safe distance and didn’t recognize the hazard ahead in time.

On highways, maintaining proper following distance and remaining alert is a fundamental duty.

Although the SUV’s emergency precautions may have been lacking, the major fault lies with the driver of the second vehicle.

Fault Factors: Inadequate attention, insufficient following distance


Conclusion

The initial deer collision was an unavoidable natural incident, but the SUV driver's decision to remain in the live lane instead of moving to a safer area likely contributed to the severity of the outcome.

The driver of the rear vehicle, however, bears the greater share of liability, as the crash was primarily caused by failure to maintain awareness and a safe distance on a poorly lit expressway.

Even without a formal court ruling, under typical insurance and legal standards, the rear vehicle is likely to be held primarily at fault.

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