The Legal Impact of Wildlife Collisions on Rural West Virginia Roads
It’s no secret that West Virginia’s rural roads are full of scenic beauty—and wild animals. From deer and bears to raccoons and coyotes, encounters with wildlife are common, especially in the early morning and after dusk. But when these animals dart across the road and cause a crash, the legal implications aren’t always clear.
Who’s responsible? Will your insurance cover it? Can another driver be held accountable if you swerved and hit them? These questions are more common than many realize, especially in parts of the state where deer collisions spike during the fall and winter.
Here’s what every driver in West Virginia should know about the legal impact of wildlife-related crashes—especially those that happen in rural areas.
Wildlife Collisions Are Extremely Common in West Virginia
West Virginia consistently ranks among the top states for deer collisions per capita. With much of the state covered by forested land, rural routes are especially prone to encounters with wildlife.
Common hotspots include:
U.S. Route 33 near Elkins
Corridor H near Moorefield
County roads in Randolph, Preston, and Nicholas counties
Route 219 through Pocahontas County
Many of these roads are narrow, unlit, and flanked by woods, making it difficult to see animals until they’re directly in your path.
For more on high-risk areas across the state, view our West Virginia crash areas page.
Most Wildlife Collisions Are Single-Vehicle Accidents—But Not All
A direct collision with a deer or bear typically involves one vehicle, but the aftermath isn’t always so simple. Drivers often:
Swerve into oncoming traffic
Hit a guardrail or tree while trying to avoid the animal
Cause a rear-end collision if braking suddenly in traffic
Lose control on wet or curving roads, especially at night
These secondary crashes may result in injuries to passengers, other drivers, or even nearby pedestrians—turning a wildlife incident into a multi-party legal situation.
Who’s Liable in a Wildlife Collision?
Under most circumstances, no one is at fault for an unavoidable animal collision. However, fault can come into play if a driver:
Was speeding in a known wildlife crossing area
Swerved recklessly into another lane or vehicle
Drove without headlights or failed to slow down in low-visibility conditions
Ignored warning signs or flashing deer alerts
West Virginia uses a modified comparative fault system, meaning a driver can still recover damages even if partially at fault—as long as they are not more than 50% responsible. If you hit another car while avoiding an animal, fault will be assessed based on your actions—not just the presence of the animal.
Insurance Will Usually Cover Wildlife Crashes—If You Have the Right Policy
Standard liability insurance does not cover damage to your own vehicle in a wildlife collision. For that, you’ll need comprehensive coverage, which applies to:
Animal strikes (deer, bear, etc.)
Natural events (floods, fallen trees)
Theft and vandalism
If you hit a deer in a rural area and only carry liability coverage, you’ll likely be responsible for your own repair costs. Worse, if the crash causes injury to a passenger or another vehicle, you could be on the hook for damages depending on the situation.
It’s also worth noting that some insurers may try to shift blame, especially in multi-vehicle cases. Be cautious when speaking to adjusters after a wildlife-related crash—especially if you were trying to avoid an animal when another driver got involved.
What to Do After a Wildlife Collision in West Virginia
Whether you hit the animal or swerved to avoid it, the steps you take next can affect your safety—and your claim:
Pull over safely, if possible. Use your hazard lights and stay in the vehicle if near traffic.
Call law enforcement, especially if someone is injured or the road is blocked.
Photograph the scene, including the animal (if visible), vehicle damage, skid marks, and surroundings.
Avoid admitting fault, especially to other drivers or insurance reps.
Request a full police report that mentions wildlife as a contributing factor.
Get medical care, even if injuries seem minor. Concussions and soft tissue injuries are common after sudden stops or swerves.
If the crash resulted in a serious injury or a dispute over fault, speak with a lawyer who understands West Virginia’s car accident laws. Our car accident legal help page outlines how to get started.
Are Local Governments Ever Liable?
Sometimes—but it’s rare. In general, government agencies are not held responsible for wild animals entering roadways unless they had direct control of the situation. However, liability may exist if:
A known problem area lacked proper signage
A government agency removed fencing or barriers without replacement
A construction project forced animals into roadways without mitigation
These claims are difficult to prove and often require expert witnesses or prior documentation. Still, it’s worth investigating in extreme cases—especially if the same hazard has caused multiple crashes.
Final Thought: Wild Doesn’t Mean Lawless
Hitting a deer or swerving to avoid one might seem like a matter of bad luck. But in the eyes of the law and insurance companies, your response matters. In rural West Virginia, where wildlife is part of daily life, drivers have a legal duty to adjust for risk—especially at night, in wooded areas, or during peak migration seasons.
If you’ve been hurt in a wildlife-related crash, don’t assume it’s no one’s fault—or that the insurance company will play fair. Understand your rights, your coverage, and your options before the trail goes cold.
