FORT RUCKER, Ala. (January 22, 2015) -- It's almost that time of year again, when the deer are running amuck and behaving erratically, such as jumping in front of moving cars.
Deer have minds of their own -- they react unexpectedly when near roads and this unpredictable behavior increases during the fall and winter months. Data collected from insurance reports show most deer strikes occur in November, with October and December following close behind.
According to one insurance company, the odds of having a deer strike incident have dropped 4.3 percent in the last year. This reduction is not because of fewer deer strikes, a number which remains roughly similar to previous years, but instead reflects more vehicles on the road, which reduces the likelihood of a deer incident. In Alabama, a one-in-146 chance exists that an Alabama driver will have an impact with a deer this year.
Even good drivers can take steps to minimize the likelihood of a crash or reduce the severity of a collision. The first step in prevention is awareness of the danger. Remember that deer travel in herds -- when you see one, usually more are nearby.
Deer are most active in the evening between about 6-9 p.m. Research shows that drivers should not rely on car-mounted deer whistles for protection. During high deer activity times, high-beam headlamps should be used to illuminate areas where deer are likely to enter the roadway. Be extra cautious near posted deer crossing signs.
Finally, remember that distractions, like cell phones and eating while driving, can cause a driver to miss seeing a deer until it is too late to prevent a collision.
In addition to preventative measures, drivers should prepare for a potential deer accident by mentally rehearsing reactions, driving defensively and verifying coverage with your insurance company in this type of scenario.
Studies report that in a situation where a deer darts in front of you, the only thing you can control is your reaction to seeing the deer in your path suddenly. Never swerve to avoid hitting a deer. Swerving puts you at a much greater risk of hitting oncoming traffic, a tree, a guard rail, a light post, or running into a ditch, especially in icy or wet road conditions. The damage from hitting a deer is often less in comparison to hitting one of these other objects. Injury is also more likely when you swerve to miss a deer and collide with a stationary object or another vehicle. The potential for losing control of your vehicle and crashing greatly outweighs the consequences of the deer strike.
Fort Rucker is not immune from its share of deer and car collisions. In the event a driver gets into an accident with a deer while driving on Fort Rucker, the driver should call the military police to report the incident and consult his or her insurance carrier to pay for any vehicle repairs.
When a deer strike happens on post, one of the first questions many people ask is whether the Army is responsible and if a claim can be paid to cover the damage. The short answer is no, because hitting a deer is neither an unusual occurrence nor is there negligence on the part of a U.S. government employee.
Under Chapter 11 of Army Regulation 27-20, Claims, "[c]laims resulting from unusual occurrences are generally payable when they result in losses at quarters, damage to vehicles while properly on post or while being driven for the convenience of the government, or other types of loss or damage to a proper claimant's property while the claimant was acting incident to their service. Unusual occurrences include but are not limited to fire, flood, hurricane, earthquake, or weather phenomena that are unusual for the location of the loss."
In addition, Department of the Army Pamphlet 27-162, Claims Procedures, specifically states, "collisions are not unusual occurrences." For example, it is not an unusual occurrence for a parked vehicle to be struck by a shopping cart in the commissary parking lot or by a hit-and-run driver, nor is it an unusual occurrence for a motor vehicle to strike a deer on the installation -- rather, these collisions are simply considered inherent risks to operating a motor vehicle.
Claims for damages arising from collisions may be paid as personnel claims only when the vehicle was being used under orders for the convenience of the government, under a tort claim authority. In order for a driver to claim that he or she was using their personally owned vehicle "for the convenience of the government," written orders must exist before the travel begins stating that fact.
Deer strikes are also not paid under Chapter 4 of AR 27-20, the Federal Tort Claims Act, which ordinarily protects individuals from the negligence of government employees. Under Alabama law, visitors to Fort Rucker are entitled to not be willfully or negligently injured while on post.
For business invitees and employees, the government has a duty to maintain the premises in a reasonably safe condition, or to warn them of all non-obvious or unexpected dangers, which become known to the government.
For instance, if a large pothole exists in the road, the government must repair the pothole within a reasonable time after it learns of it or post warning signs to alert drivers of the possible danger. Deer crossing warning signs are posted on Fort Rucker roads. However, while potentially dangerous and often resulting in costly repairs, deer unexpectedly crossing the road do not qualify as a hidden danger requiring the government to warn drivers. Drivers are cautioned to slow down and be aware of their surroundings, especially in adverse weather or road conditions.
For any questions you may have regarding filing a claim or the government's potential claims coverage, call the claims office at the Fort Rucker Office of the Staff Judge Advocate at 255-2517.
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