Suing After a Moose or Caribou Vehicle Collision in Alaska: Insurance & Liability
Hitting a moose directly is usually covered by your Comprehensive auto insurance. However, if you swerve to avoid the animal and crash into another car, you are generally legally liable for the collision. Injured passengers may also have the right to sue the driver for failing to react safely.
Alaska is home to vast populations of massive wildlife. Hitting a full-grown moose or caribou on a dark highway is one of the most terrifying-and common-experiences for drivers in the state. Because an adult moose can weigh over 1,000 pounds and stands incredibly tall, their bodies often crush the roof and windshield of smaller cars upon impact, causing devastating, life-altering injuries or death to the vehicle's occupants.
Dealing with the aftermath of an animal strike is complicated because liability and insurance coverage depend entirely on exactly how the crash unfolded. Did you hit the animal dead-on? Did you swerve into a ditch? Did you cross the center line and hit an oncoming truck? The rules governed by the Alaska Division of Insurance Anchorage and state traffic laws will dictate who pays for the medical bills and totaled vehicles. If you or a loved one were seriously injured in a wildlife-related auto accident, finding a knowledgeable attorney in our US Lawyers Directory will help you navigate these complex insurance claims.
Comprehensive vs. Collision Coverage for Moose Strikes
In Alaska, whether your insurance company pays for the damage to your car depends heavily on whether you hit the animal or swerved and hit something else.
Directly Hitting the Moose (Comprehensive): If a caribou darts onto the Parks Highway and you cannot stop, striking the animal directly is generally considered an "Act of God" or an unavoidable accident. Damage to your vehicle is covered under your Comprehensive coverage. In these scenarios, your insurance rates generally do not increase as sharply, because you are not considered "at-fault" for an animal jumping out of the woods.
Swerving and Hitting a Tree or Car (Collision): Human instinct is to swerve to avoid an obstacle. However, if you swerve to miss the moose, miss the animal entirely, but roll your car into a ditch or crash into a telephone pole, the insurance company classifies this as a single-vehicle accident. This falls under your Collision coverage, and you will likely be deemed the at-fault driver for failing to maintain your lane.
Liability for Swerving into Oncoming Traffic on the Seward Highway
The most dangerous scenario occurs when a driver on a two-lane road, like the Seward Highway, swerves to avoid a moose and crosses the center line, hitting an oncoming vehicle head-on. If you are the driver who swerved, you are generally legally liable for the injuries caused to the people in the other car.
Your defense lawyer may attempt to use the "Sudden Emergency Doctrine," a legal concept arguing that you faced an unexpected, terrifying situation (the moose) and reacted as any normal person would in an emergency. However, Alaska courts are strict; crossing a center line into oncoming traffic is almost always deemed more negligent than braking hard and staying in your lane, even if it meant hitting the animal. The other driver's attorney will argue you should have simply applied the brakes rather than endangering oncoming traffic.
Can a Passenger Sue the Driver for Failing to Brake for Wildlife?
If you are a passenger in a car that hits a moose in Kenai or Fairbanks, and you suffer a severe neck injury or broken bones, who pays your medical bills? Because you were just a passenger, you hold zero fault. You have the right to file a personal injury claim against the driver's liability insurance.
To win, your lawyer must prove the driver was partially negligent. Was the driver speeding? Were they texting instead of watching the tree line? Did they ignore yellow wildlife crossing signs? Under Alaska Statute 09.17.060 (pure comparative negligence), if the driver is found even slightly negligent for failing to spot the animal in time, their auto insurance policy must pay for your medical expenses, lost wages, and pain and suffering.
Step-by-Step: What to Do After an Animal Strike
If you strike a large animal in Alaska, the scene will be chaotic. Follow these steps to ensure safety and protect your insurance claim:
- Pull Over and Stay in the Car: If possible, get off the roadway. Do not approach an injured moose or caribou; they are highly aggressive and can easily kill you.
- Call 911 and the Troopers: Contact the Alaska State Troopers Fairbanks (or local jurisdiction) immediately. They need to dispatch officers to handle the wounded animal and create an official Alaska Motor Vehicle Crash Report.
- Document the Scene: Take photos of the damage to your car, any skid marks, and the animal (from a safe distance). The insurance adjuster will need proof that an animal was actually involved, especially if you only carry comprehensive coverage.
- Seek Medical Care: Moose collisions frequently cause severe whiplash and head trauma. Go to the hospital right away.
- Contact a Lawyer: If there are serious injuries or passengers involved, consult an auto accident attorney before giving a recorded statement to the insurance adjuster.
Frequently Asked Questions (FAQ)
Do I need to pay a deductible if I hit a moose?
Yes. Even though hitting an animal is usually not your fault, you still have to pay your comprehensive insurance deductible (often $500 or $1,000) before your insurance company will cover the rest of the repair or replacement costs for your vehicle.
What if the moose ran away and there's no proof?
This is a common issue. If the animal fled into the woods, the insurance company might doubt your story and try to process it as an at-fault collision. This is why calling the police to document animal hair, blood on your bumper, or skid marks is critical to prove a wildlife strike occurred.
Can I sue the State of Alaska for not having a fence?
No. You generally cannot sue the state or the Department of Transportation for wild animals crossing the road. Wildlife is considered a natural hazard of driving in Alaska, and the state is protected by sovereign immunity from these types of lawsuits.
Is it always legally better to hit the moose than to swerve?
From a strict liability standpoint, braking hard and staying in your lane keeps you from being at fault for hitting other cars or property. However, safety experts advise doing whatever you can to avoid the passenger cabin taking the brunt of the impact. Never swerve into oncoming traffic.
No reviews yet. Be the first to share your experience!