Can You File a Claim If You Were a Passenger Injured When the Driver Hit a Deer in Utah?
If you were a passenger injured in a car accident after the driver hit a deer in Utah, you may wonder if you can file an insurance claim for your injuries. The answer often depends on whether the driver was negligent in controlling the vehicle before and after the collision.
Here’s a detailed guide on factors that determine your eligibility for a claim and what steps you should take next.

How Deer Collisions Happen
Imagine this scenario:
- The driver is speeding 20 miles per hour over the limit on I-15 between Fillmore and Nephi, Utah, at night.
- The driver had smoked marijuana earlier, impairing reaction times.
- Despite seeing the deer, the driver takes no defensive action to slow down.
- The deer bolts into the road, and the car collides with it, causing a rollover.
- The driver overcorrects, worsening the rollover, and you, the passenger, suffer severe injuries, such as a fractured hip.
Whether you can file a claim against the driver depends on the specific circumstances of the crash and whether the driver acted negligently.
Key Factors in Proving Negligence When Hitting a Deer
Several factors determine whether the driver’s actions were negligent:
1. Impairment by Substances
- Was the driver under the influence of marijuana, alcohol, prescription drugs, or other impairing substances?
- Was the driver wearing necessary corrective glasses or lenses?
2. Fatigue and Sleep Deprivation
- Was the driver sleep-deprived or driving too many hours without breaks?
- Did fatigue contribute to delayed reaction times?
3. Speeding and Hazardous Conditions
- Was the driver exceeding the speed limit?
- What were the road and weather conditions—e.g., nighttime, poor visibility, rain, or snow?
- Was the driver taking extra precautions for hazardous conditions?
4. Driver Overcorrection
- Did the driver mishandle the vehicle after hitting the deer, causing the car to roll over?
- Was the overcorrection avoidable with proper defensive driving?
5. Driver Age and Experience
- Was the driver inexperienced or otherwise unqualified to handle the situation?
The Driver’s Duty of Care
Even when hitting a deer is unavoidable, the driver still has a duty to control the vehicle and protect passengers. If the driver fails to meet this duty and causes injuries, passengers may have grounds for an insurance claim.
Steps to Take After a Deer Collision as a Passenger
- Seek Medical Attention Immediately: Prioritize your health and document all injuries.
- Collect Evidence: Take photos of the accident scene, vehicle damage, and road conditions if possible.
- Document Driver Behavior: Note any speeding, impairment, or erratic driving behavior before the collision.
- Contact a Personal Injury Attorney: An experienced attorney can evaluate your case and help determine if you’re eligible for compensation.
Why Call a Utah Personal Injury Attorney?
Deer collisions can create complex liability issues. An experienced personal injury attorney can:
- Investigate the driver’s actions to determine negligence.
- Handle communication with insurance companies.
- Secure evidence like witness testimony and crash reconstruction analysis.
- Maximize compensation for your medical bills, lost wages, and pain and suffering.
Contact Utah Injury Lawyer Jake Gunter
If you’ve been injured in a deer collision as a passenger, calling a skilled attorney can make all the difference. Attorney Jake Gunter has the experience to navigate Utah’s personal injury laws and secure the compensation you deserve.
- Call or Text: (801) 373-6345
- Free Consultation: Protect your rights after a deer collision.
Learn More About Utah Accident Lawyer Jake Gunter 
For additional insights on Utah personal injury law and to get to know Jake Gunter better, check out these helpful videos:
- Meet Jake Gunter – Learn more about Jake Gunter’s background, experience, and dedication to helping clients throughout Utah.
- How to Choose a Utah Personal Injury Attorney – This video offers guidance on selecting the right personal injury attorney to ensure you receive effective representation.
- What Jake Gunter Does and Who He Represents – Discover the types of cases Jake Gunter handles and how he advocates for the rights of injured individuals statewide.
These resources will provide you with valuable information as you consider your legal options. For any questions or to schedule a free consultation, feel free to reach out to us directly.