Are You Responsible for Animal-Related Car Accidents in Colorado?

Driving in Colorado offers breathtaking views and diverse wildlife. While these features contribute to the state’s charm, they also come with potential risks, such as animal-related car accidents. Whether driving through busy streets in Denver or more rural roads in Commerce City, knowing how Colorado law addresses animal-related car accidents is essential. This article outlines the factors that determine liability, what to do if you’re involved in such an accident, and practical advice for protecting yourself and your passengers.

Introduction: Understanding Animal-Related Car Accidents

In Colorado, car accidents involving animals are not uncommon. These incidents can range from colliding with deer or elk to avoiding domesticated animals on public roads. Understanding who holds responsibility in these scenarios can help drivers make informed decisions and manage potential consequences.

Types of Animal-Related Car Accidents

1. Collisions with Wildlife
Wildlife such as deer, elk, and even smaller animals like raccoons frequently cross roadways, especially at dawn and dusk. These types of accidents are typically classified as unavoidable incidents, and liability often does not fall on the driver.

Example Scenario: A driver in Westminster strikes a deer that runs into the road. While the incident may result in damage to the vehicle and injuries to passengers, the driver is generally not held responsible, as the event is considered an unavoidable hazard.

2. Accidents Involving Domesticated Animals
Accidents involving domesticated animals, such as dogs or livestock, present a different scenario. If the owner of the animal is found negligent—such as failing to secure the animal properly—they may be held liable for damages.

Example Scenario: A driver in Broomfield swerves to avoid a dog that has escaped from its yard and crashes into a fence. If the dog’s owner did not take reasonable measures to secure the animal, they may be held responsible for the resulting damages.

Determining Liability in Animal-Related Car Accidents

1. Wildlife Accidents
In most cases, collisions with wildlife are considered unavoidable and are covered by the driver’s comprehensive insurance policy. The state typically does not assign fault to the driver, as wildlife encounters are seen as natural occurrences.

2. Domesticated Animal Accidents
Liability in accidents involving domesticated animals depends on whether the animal’s owner demonstrated negligence. Colorado has “strict liability” laws regarding certain situations involving domestic animals. For example:

• Negligence by the Animal Owner: If an owner fails to secure their pet or livestock, they can be found liable for any resulting damage or injuries. For instance, an owner in Commerce City who neglects to fence in their livestock may be held accountable if the animals wander onto a public road and cause an accident.
• Shared Responsibility: In some cases, both the driver and the animal owner may share liability. Colorado follows a modified comparative negligence rule, which means that if a driver is found partially at fault, their compensation may be reduced by their percentage of fault.

What to Do If You’re Involved in an Animal-Related Accident

1. Ensure Safety
Immediately after the accident, move your vehicle to a safe location if possible. Check for injuries and ensure all passengers are safe. Turn on hazard lights to alert other drivers.

2. Contact Authorities
Call local law enforcement to report the accident, especially if there is significant damage, injury, or if the animal is domestic. An official report can be helpful for insurance claims and in determining liability.

3. Document the Scene
Take photos of the scene, any damage to your vehicle, and the animal involved (if safe to do so). Collect witness statements and obtain their contact information if available.

4. Notify Your Insurance Company
Report the accident to your insurance company as soon as possible. For accidents involving wildlife, comprehensive coverage may be required to cover the damages. If the accident involves a domesticated animal, provide any evidence that supports the animal owner’s negligence.

Insurance Coverage for Animal-Related Accidents

1. Comprehensive Coverage
Comprehensive insurance typically covers vehicle damage caused by collisions with wildlife. This type of coverage is optional but highly recommended, especially for drivers in rural areas like parts of Aurora and beyond.

2. Liability Coverage
If an accident is determined to involve a domesticated animal and the owner is found at fault, their homeowner’s or farm insurance may cover the damages. However, if the driver shares some responsibility, their liability coverage may also play a role.

Example Case: A driver in Denver hits a cow that escaped from a nearby property. After investigating, authorities find that the animal’s fence was damaged and not properly maintained. The property owner’s insurance covers the damage to the driver’s vehicle and medical expenses.

Practical Advice for Preventing Animal-Related Accidents

1. Stay Alert, Especially at Dawn and Dusk
Wildlife is most active during these times, so it’s important to be especially vigilant when driving in areas prone to animal crossings.

2. Use High Beams When Safe
Using high beams at night (when safe) can help spot animals from a greater distance. Always be prepared to brake safely if an animal appears on the road.

3. Know Your Insurance Policy
Ensure you have comprehensive coverage and understand the limits of your policy. This proactive step can provide peace of mind and financial security if an animal-related accident occurs.

Conclusion: Be Prepared and Informed

Animal-related car accidents in Colorado can be unexpected and stressful, but knowing how liability is determined and what steps to take can make a significant difference. Whether you’re dealing with wildlife or a domestic animal, being informed and prepared can help protect your rights and ensure the best possible outcome. Consulting with a knowledgeable attorney, especially in cases involving negligence, can provide further support and guidance.

FAQ

1. Who is liable if I hit a deer while driving in Colorado?
Liability typically does not fall on the driver for hitting wildlife. Comprehensive insurance may cover the damage.

2. Can I sue an animal owner if their pet caused my accident?
Yes, if it can be proven that the animal owner was negligent, you may be able to seek compensation for damages.

3. What type of insurance covers wildlife collisions?
Comprehensive coverage is needed to cover damages from wildlife collisions.

4. Are there specific areas in Colorado where wildlife accidents are more common?
Yes, rural areas and roads near forests or mountains often have higher instances of wildlife crossing.

5. What should I do if I hit a domestic animal like a dog?
Stop safely, check for injuries, contact authorities, and report the incident to your insurance company. Document the scene and gather any relevant information.