Wildlife Collisions in Arizona — Elk, Deer, and Javelina on the Road
Arizona’s diverse landscape means drivers share the road with elk, deer, javelina, coyotes, cattle, and even wild horses. Wildlife collisions are a serious hazard — especially on highways like I-17 between Phoenix and Flagstaff, SR-87 through the Tonto Basin, and SR-260 near Payson.
The Swerve Problem
Many of the worst wildlife-related accidents don’t involve hitting the animal — they involve swerving to avoid it and losing control of the vehicle. A driver who swerves into oncoming traffic, rolls their vehicle, or crashes into a barrier may suffer far worse injuries than if they’d hit the animal.
Liability Questions
You hit the animal. There’s typically no one to sue — the animal has no owner (unless it’s livestock, which changes things). Your collision coverage on your own auto policy covers vehicle damage.
Another driver swerves into you to avoid an animal. The other driver may be liable if their swerving was negligent — though a sudden emergency defense may apply.
Livestock on the road. Arizona is an “open range” state in many areas. Livestock owners generally have no duty to fence their animals off highways — meaning the driver bears the risk. However, in areas designated as “closed range” or where specific fencing requirements exist, the livestock owner may be liable.
Inadequate signage. If ADOT or a county failed to post wildlife crossing signs in a known high-crossing area, a government liability argument may exist — subject to the 180-day notice of claim requirement.
What to Do
If you hit an animal, pull over safely, call 911 if anyone is injured or the animal is in the road, and document the scene. Don’t approach injured wildlife — Arizona has large animals that can be dangerous when hurt. If your car is disabled on a highway, get everyone out and away from the vehicle.
The Law Badgers handle complex accident cases — including multi-vehicle crashes caused by wildlife encounters. Call (833) DTF-IGHT.
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