AmI able to suea township for damages froman accident that I was in due to a dead deer in the road?

UPDATED: Dec 18, 2011

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AmI able to suea township for damages froman accident that I was in due to a dead deer in the road?

I was recently in an accident. There was a dead deer in the middle of the road and I went around it to avoid hitting it. I lost control and hit a tree.

Asked on December 18, 2011 under Accident Law, New Jersey


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can file a lawsuit against the township where the dead deer was in the road that you swerved to miss resulting in damage to your car and presumed injuries to you. However, the likelihood of you prevailing in establishing liability against the township is very remote for the following reasons:

1. the deer that you served was a wild animal that the township had no control over;

2. you have no evidence that an employee of the township killed the deer and left it on the road;

3. you have no evidence that the township knew that the deer had been killed on the road before you had your accident and failed to remove it in a timely manner assuming it had the duty to do so.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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