Who is liable for damage to my car from hitting s dead deer on the pabturnpike

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Who is liable for damage to my car from hitting s dead deer on the pabturnpike

Driving eastbound on pa turnpike near
Delaware river bridge at night, ran over
dead deer in middle of lane. Reported
it to turnpike immediately. Someone
else hit the deer earlier. Is the turnpike
at all liable for damage to my car?

Asked on November 20, 2016 under Accident Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, the turnpike is not liable for this. The turnpike authority(ies) did not place a dead deer in the road; they in no way were at fault for the fact that someone hit the animal and then you hit it. Their obligation to clean up and maintain the road only extends to doing reasonable things, like periodically checking for and removing roadkill; it does not require them to find and remove every dead animal before anyone strikes it, since that is simply not reasonable or even feasible. When no one is at fault, no one is liable. If you have collision insurance, you can submit a claim; if you don't have collision insurance, this is why you should--for times when no one else is iiable.


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