Do You Have to Pay The State If You Hit a Deer?
By Rick McCann
Blue RAM Media/Gulf Coast News
October 23, 2026
BALDWIN COUNTY, Ala. This is the time of year when deer are more active and frequently cross our roadways and interstates.
This is driven by distinct seasonal biological and environmental factors, also known as the “Rut” or mating season for white-tailed deer.
And each season, more than three thousand deer are killed, and dozens of drivers are injured in Alabama.
ALEA investigated 1,652 vehicle-versus-wildlife crashes statewide in 2024 while local police investigated hundreds more within their jurisdictions.
In 2023, the Alabama Department of Transportation recorded 3,317 crashes where the first harmful event was a collision with an animal. Those crashes were 2.3% of all crashes that year and caused 292 injuries and 5 fatalities.
But have you ever thought about who owns the deer, and if you strike and kill one accidentally, would you have to pay the state for it?
No, drivers do not have to pay the state if they hit a deer. Because deer are wild animals, hitting one is legally considered an “act of God” or an unavoidable accident. The state will not fine you, ticket you, or charge you for the deer.
And the state will also not pay you for the damages to your vehicle nor for any injuries that you sustain in the wreck even though, the state manages our wildlife, including the deer.
The Alabama Department of Insurance notes that more deer accidents occur in October and November than the rest of the year. If you drive on rural routes at dawn or dusk, this is worth reading now.
If you have full coverage, your insurance will handle the repairs but if you only have general liability, the damage to your vehicle will fall on the driver.
Livestock is different, though not by much. Under Alabama Code section 3-5-3, you generally cannot sue an animal’s owner unless you can prove the owner intentionally placed the animal in the road.
If a driver can prove that the owner of the livestock did not have adequate secure fencing or other mechanisms to keep their animals secured, they might prevail in a civil trial.
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