Buffalo-area deer accidents become more likely in fall as white-tailed deer activity increases during the breeding season, especially around dawn and dusk. In 2024, Erie County recorded 1,001 crashes involving deer, while New York recorded 32,287 statewide. Deer crashes rose sharply in October, November, and December. Arthur L. Pressman, Attorney at Law helps Buffalo and Western New York drivers understand traffic laws and the legal issues that can follow a serious collision. After a deer crash, your priorities should be safety, medical care, police notification when required or appropriate, documentation, insurance notice, and any required New York DMV crash report.
If a deer collision leaves you injured, shaken, or facing a traffic citation, you should understand what New York law may require. Legal questions can become more significant when a crash involves another vehicle, property damage, a disputed driving maneuver, or an allegation that you left the scene.
Arthur Pressman focuses in the areas of DWI, traffic law and criminal defense.
Why Buffalo-Area Deer Accidents Increase in Fall 
Buffalo-area deer accidents are more likely during fall because white-tailed deer move more during their breeding season. The New York State Department of Motor Vehicles and Department of Environmental Conservation warn that deer and moose activity increases during October, November, and December. Movement often peaks around dawn and dusk, when visibility may also be reduced.
New York recorded 32,287 deer crashes in 2024. Erie County recorded 1,001. Statewide, 4,050 deer crashes occurred in October 2024, 5,854 in November, and 3,624 in December.
New York DMV fall wildlife safety information:
That seasonal pattern matters for drivers traveling in Buffalo, Erie County, and nearby parts of Western New York. A trip can move quickly from dense city streets to suburban or rural roads where deer are more common. Low-light conditions can make an animal near the roadside harder to see, and one deer crossing the road may be followed by others.
The safest response is generally to reduce speed, stay alert, and brake firmly if an animal enters your path. New York DMV advises drivers not to swerve because a sudden lane change can cause a collision with another vehicle, tree, pole, guardrail, or other object.
If a deer enters your lane, brake firmly and maintain control. Do not make a sharp evasive turn that creates a greater risk of a second collision.
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What to Do Immediately After Hitting a Deer
A deer collision can happen in seconds. Once your vehicle stops, focus first on preventing another crash and checking for injuries.
If you can do so safely:
- Move your vehicle out of active traffic.
- Turn on your hazard lights.
- Check yourself and your passengers for injuries.
- Call 911 when someone is injured or the crash creates an immediate road hazard.
- Contact police if the deer is blocking traffic or creating a danger to other drivers.
- Stay away from an injured deer. A frightened animal can kick or move suddenly.
- Do not drive a vehicle that is leaking fluid, has damaged tires, broken lights, loose parts, or a hood that will not latch.
If the crash involves another vehicle, exchange the identifying and insurance information required under New York law. If remaining at the exact point of impact would be unsafe, move to a safer nearby location when possible and contact police. Leaving a crash involving another vehicle, property damage, or personal injury without completing applicable legal duties can create separate legal problems.
For information about New York rules involving accident scenes, visit:
https://www.arthurpressmanlaw.com/criminal-defense/leaving-the-scene-of-an-accident/
When a New York Crash Report Is Required
New York Vehicle and Traffic Law Section 605 requires a written motor vehicle crash report when a crash in New York causes a death, personal injury, or more than $1,000 in damage to the property of any one person, including the driver. The report must be filed with the New York State Department of Motor Vehicles within 10 days.
New York DMV crash-reporting information:
https://dmv.ny.gov/records/file-a-motorist-crash-accident-report
New York Vehicle and Traffic Law Section 605:
https://www.nysenate.gov/legislation/laws/VAT/605
The reporting rule can apply even when no second vehicle is involved. A deer strike can damage a bumper, grille, hood, headlight assembly, windshield, radiator, or other vehicle components. If damage to your own vehicle exceeds the reporting threshold, the DMV filing requirement can apply.
When a person is injured or killed, New York DMV states that police must also be notified immediately. Filing an insurance claim does not replace a required DMV crash report. If a required crash report is not filed, DMV may suspend your driving privilege until the report is on file.
If a deer crash leads to a traffic ticket or questions about your driving record, review the firm’s Buffalo traffic violations information:
https://www.arthurpressmanlaw.com/criminal-defense/traffic-violations/
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Document the Deer Collision Before Evidence Disappears
Documentation can help explain what happened to an insurer, police officer, repair facility, or attorney. You do not need to put yourself in danger to collect evidence. Take photographs and gather information only from a safe location.
Useful documentation may include:
- Damage to every side of your vehicle.
- The roadway, shoulder, lane markings, guardrails, signs, and nearby intersections.
- Debris, animal hair, or other physical evidence near the impact area.
- Skid marks or tire marks, if visible.
- Weather, lighting, and road conditions.
- The location of the deer, if it can be photographed safely from a distance.
- Names and contact information for witnesses.
- Dashcam footage before it is overwritten.
- The police incident or report number.
- Tow, repair, rental, insurance, and medical records.
Avoid posting detailed crash statements or photographs on social media while insurance or legal issues remain unresolved. Statements made shortly after a stressful event may be incomplete, and photographs can be misunderstood without context.
For more practical post-crash guidance, visit:
https://www.arthurpressmanlaw.com/common-mistakes-after-a-car-accident/
Case Results
How Insurance May Treat a Deer Collision
Insurance treatment depends on the policy you purchased, the coverage in force, applicable exclusions and deductibles, and the facts of the crash. A direct collision with a deer is commonly handled under comprehensive coverage when that coverage is part of the policy. If a driver swerves to avoid a deer and then strikes another vehicle or fixed object, damage to the driver’s vehicle may instead fall under collision coverage.
General information about animal collisions and comprehensive coverage:
https://www.iii.org/article/avoid-a-deer-car-collision
If you are physically injured, New York no-fault coverage may provide first-party benefits for qualifying medical expenses, lost earnings, and certain other reasonable and necessary expenses arising from injuries related to the use or operation of a motor vehicle. Property damage is separate from no-fault benefits.
New York Department of Financial Services auto insurance information:
https://www.dfs.ny.gov/consumers/auto_insurance/Auto_resource_center
Notify your insurer promptly and provide accurate basic information about the collision. Keep copies of claim numbers, estimates, letters, emails, photographs, medical documents, tow bills, rental records, and repair invoices. If an insurer asks for a detailed recorded statement or presents a release, understand what is being requested and how it may affect your claim before you agree.
When Another Driver Becomes Part of the Crash
Some deer accidents involve more than the vehicle that first encounters the animal. A driver may brake suddenly and be struck from behind. Another motorist may swerve across the center line. A driver may lose control and strike another vehicle.
When another driver becomes part of a deer crash, legal and insurance questions may involve speed, following distance, lane position, signals, visibility, road conditions, and whether each driver acted reasonably under the circumstances. A traffic citation does not necessarily decide every insurance or liability issue.
If you receive a traffic ticket after a deer-related collision, read the ticket carefully and note every response deadline. Do not ignore it. A guilty plea can result in a conviction and may carry fines, points, or other consequences depending on the charge. Before entering a plea, make sure you understand the allegation and the possible effect on your driving record.
For information about Buffalo traffic violations and traffic ticket defense, visit:
https://www.arthurpressmanlaw.com/criminal-defense/traffic-violations/
Ways to Reduce Your Risk During Fall Deer Season
You cannot control wildlife, but you can give yourself more time to react during fall deer season.
- Reduce speed when visibility is limited, especially near wooded areas, open fields, and deer crossing signs.
- Scan both sides of the road instead of watching only the lane directly ahead.
- If one deer crosses, expect that another may follow.
- Use high beams when lawful and safe, then dim them for approaching traffic.
- Leave enough following distance to brake without creating a chain-reaction crash.
- If a deer enters your lane, brake firmly and maintain control rather than making a sharp evasive turn.
- Wear your seat belt and make sure passengers are properly restrained.
When Legal Help May Make Sense After a Deer Crash
Many deer collisions are handled primarily as insurance matters. Legal guidance may become more useful when a crash also involves a traffic ticket, another vehicle, disputed fault, serious injuries, a required crash report, or an allegation that you failed to remain at the scene.
Arthur L. Pressman, Attorney at Law has more than 35 years of experience handling traffic and criminal matters for drivers in Buffalo, Western New York, and nearby areas. If a fall deer collision creates a traffic or legal problem, you can discuss the circumstances, the ticket, the crash report, and your available options.
Talk With a Buffalo Traffic Lawyer After a Deer-Related Crash
If a deer-related crash in Buffalo or Western New York leads to a traffic ticket or another legal concern, Arthur L. Pressman, Attorney at Law can review what happened and explain the next steps that may apply to your situation.
Call (716) 517-4250 or contact the firm:
https://www.arthurpressmanlaw.com/contact-us/
Arthur L. Pressman has more than 35 years of experience representing people in traffic, DWI, and criminal matters in Buffalo and throughout Western New York.
This article is for informational purposes only and is not legal advice. Consult an attorney about your specific situation.