Deer Collision Liability Laws in Arkansas: Who Pays and What You Must Do Next
October 15, 2026
Hit a deer on an Arkansas highway and you will probably find that nobody else owes you a dime. Wild deer have no owner, so deer collision liability laws in Arkansas work very differently from the rules for a crash with another car or a loose cow.
That does not leave you without options. Your own insurance, the way you react in the seconds before impact, and what you do afterward all affect who pays and whether you stay on the right side of the law.
This article covers each question drivers ask after a deer strike: fault, coverage, swerving, leaving the scene, reporting, keeping the carcass, suing the government, and filing deadlines. Use it as a roadmap, then check your own policy and facts with an Arkansas attorney if money or injuries are significant.
Who Is Liable When You Hit a Deer in Arkansas
The white-tailed deer (Odocoileus virginianus) is the animal behind most wildlife crashes on Arkansas roads. No person owns it, so there is rarely anyone to bill. An insurer cannot recover its costs from a wild animal that has no owner.
In practice, that means you absorb the damage to your own vehicle unless your policy covers it. Livestock works the other way around. Arkansas courts have held that a livestock owner is liable when damage results from intentionally or negligently letting animals run at large. The injured driver still carries the burden of proving that negligence. If a cow or horse caused your wreck, read our guide to estray livestock laws in Arkansas instead.
| Scenario | Who Usually Pays |
|---|---|
| You hit a deer and nobody else is involved | You, or your comprehensive coverage if you carry it |
| You hit a deer, then another driver rear-ends you | The following driver’s liability insurer, if that driver was following too closely or inattentive |
| A deer is thrown into another car after you hit it | Fact-dependent; the other driver’s own coverage often responds first |
| You hit loose livestock | Possibly the animal’s owner, if you can prove negligence |
Arkansas follows a modified comparative fault system, so a driver found mostly at fault for a crash can lose the right to recover from others. That matters most when a deer strike turns into a multi-vehicle collision, because each driver’s speed and following distance get examined.
Does Car Insurance Cover Deer Collisions in Arkansas
It depends on which coverages you bought. Arkansas requires at least 25/50/25 in liability coverage. That means $25,000 per person for bodily injury, $50,000 per accident, and $25,000 for property damage, according to The Zebra’s Arkansas insurance guide (updated 2026).
Those minimums do not help you here. Liability coverage never pays for your own injuries or damage to your vehicle. And because collision coverage is optional, only liability insurance is required to drive in Arkansas.
Deer damage is a comprehensive claim, not a collision claim. Deer are not covered under collision, so rural drivers may want comprehensive coverage. Arkansas Farm Bureau Insurance says comprehensive covers damage from hitting a large animal like a deer, while collision covers damage from swerving to avoid one. See the Farm Bureau coverage explainer for the full breakdown.
| Coverage Type | Pays for Direct Deer Impact | Pays if You Swerve and Hit Something |
|---|---|---|
| Liability only | No | Pays other people’s losses, not yours |
| Collision | Generally no | Yes, minus your deductible |
| Comprehensive | Yes, minus your deductible | Generally no |
Pro Tip: Pull up your declarations page before deer season peaks in the fall. If it lists liability only, a $4,000 bumper-and-radiator repair is entirely yours. The Arkansas Game and Fish Commission (AGFC) also advises reporting the incident to your insurer as soon as possible.
Who Is at Fault If You Swerve to Avoid a Deer in Arkansas
If your swerve hurts someone else, you will likely be the one answering for it. Swerving is a choice, and a deer is not a driver who can be blamed. If you cross the center line and hit an oncoming car, that driver’s insurer will point at you, and your liability coverage is what pays their losses.
If you only hit a tree, ditch, or guardrail, nobody else is at fault, but the claim shifts to your collision coverage. That is why the AGFC gives blunt advice. It says never to swerve, because swerving can cause a head-on collision or send you into a tree or ditch and greatly raise the chance of serious injury. Instead, keep control and brake.
Fault in a swerve crash turns on speed, visibility, lane position, and whether you were watching the road. Photos of the scene, dash camera footage, and witness names all help. Because comparative fault can reduce what you recover, a driver who was speeding or distracted gives the other side a stronger argument.
Common Mistake: Treating a swerve as a free pass because “the deer made me do it.” Insurers and courts still ask whether you were driving at a speed and with a level of attention that gave you a chance to stay in your lane.
Is It Illegal to Hit a Deer and Drive Off in Arkansas
Driving away after a deer-only collision is not usually a hit-and-run, because the deer is not another person’s property. Arkansas’s duty-to-stop rules target crashes involving people, vehicles, or property that belongs to someone else. Under Arkansas Code § 27-53-102, leaving after damaging another person’s property is a Class D felony when damage reaches $10,000 and a Class B misdemeanor otherwise. The text is posted on Justia’s Arkansas Code page.
The picture changes fast if anything else is involved. If the deer’s impact damages a guardrail, fence, mailbox, or another motorist’s car, or if anyone is hurt, you must stop and follow the accident rules. Leaving then risks criminal charges.
Even when driving off is legal, it is rarely smart. Police documentation supports your insurance claim, and touching a deer that may still be alive is dangerous. A carcass left in a travel lane is also a hazard for the next driver. The AGFC will assess the situation and remove the carcass from the road if it sits in a hazardous spot.
Deer Collision Reporting Requirements in Arkansas
Reporting protects your claim, helps wildlife biologists, and clears the road. The steps below follow AGFC guidance and standard insurance practice for any deer collision in Arkansas.
- Move to a safe spot and turn on your hazard lights.
- Call emergency services at once if anyone is hurt, or local law enforcement if there is only vehicle damage.
- Call the AGFC at 800-482-9262 to report the roadkill.
- Photograph the vehicle, the deer, the road, and any signs nearby.
- Notify your insurer promptly and ask whether the claim falls under comprehensive.
The AGFC call does more than satisfy paperwork. Road-killed deer let biologists monitor for chronic wasting disease without killing deer, and they test positive at a higher rate than random samples. The agency’s roadkill reporting request explains the surveillance program.
Important Note: The sources reviewed for this article do not identify a statute that specifically requires you to report a deer-only collision to police. The steps above come from AGFC guidance and insurance practice. If anyone is injured or another vehicle is involved, separate accident-reporting rules apply, so ask the responding officer what paperwork is required.
Can You Keep or Salvage a Deer You Hit in Arkansas
Yes, you can, but only after you get official clearance. The AGFC says you may keep a road-killed deer for meat, and it does not count against a hunter’s season limit. You do not need to burn a hunting tag.
The clearance step is the part people skip. Under AGFC rule 05.18, you must call 800-482-9262 and obtain an official salvage tag number before possessing the animal or any part of it. The rule appears on Cornell’s Legal Information Institute.
Antlers follow the same logic. The AGFC does not allow antlers to be removed from a dead deer unless it has been tagged and checked. A local radio write-up, KKYR’s antler rule summary, notes that failing to do so could bring a fine or confiscation.
- Call the AGFC before loading the deer into your vehicle.
- Write down the salvage number and keep it with the carcass.
- Check the AGFC’s CWD regulations if the crash happened inside the CWD Management Zone, because movement limits apply there.
- Skip the meat if the deer looked sick or the carcass sat for hours in warm weather.
For the broader rules on picking up dead animals, see our page on roadkill laws in Arkansas. If you plan to hunt deer on purpose this fall, the deer hunting season dates are listed separately.
Can You Sue the State or Local Government Over a Deer Collision in Arkansas
A lawsuit over a deer strike is a long shot. Wild deer belong to no government in the way a pet belongs to an owner, and Arkansas shields the state and its local governments from many tort claims. Claims against the state itself generally go through the Arkansas Claims Commission, not a standard civil suit.
Deer crossing signs do not change this. The Arkansas Department of Transportation says it places them where people have requested them after seeing animals cross and collisions occur. A sign warns you, but it does not create a promise that deer will be kept off the road.
Deadlines also run shorter for government defendants. LegalClarity notes that shorter deadlines apply to claims against government entities, and missing one almost always means permanently losing the claim. If your crash involved a defective road, a missing guardrail, or a government vehicle, talk to a lawyer quickly.
Important Note: Sovereign immunity and claims-commission procedures are technical, and the exact notice period depends on whether the defendant is the state, a county, or a city. Treat any government claim as time-sensitive and get legal advice within weeks of the crash, not years.
For how the state manages wildlife more broadly, our overview of hunting laws in Arkansas covers the agency that oversees deer.
Time Limits for Deer Collision Injury Claims in Arkansas
If a deer collision injured you and another party is at fault, you generally have three years. Most Arkansas personal injury cases must be filed within three years under Ark. Code § 16-56-105, and the clock usually starts on the date of injury. Nolo’s Arkansas statute of limitations summary lays out the exceptions.
As an example, a crash on October 11, 2026 would normally need a lawsuit filed by October 11, 2029. Property damage claims follow the same three-year timeline, so injury and vehicle claims share a deadline.
| Claim Type | Typical Deadline | When the Clock Starts |
|---|---|---|
| Personal injury from a crash | 3 years | Date of injury |
| Property damage | 3 years | Date of damage |
| Wrongful death | 3 years | Date of death |
| Injured person under 21 | 3 years after turning 21 | 21st birthday |
| Claims against government entities | Often shorter; confirm with an attorney | Varies by defendant |
These are lawsuit deadlines, not insurance deadlines. Your policy sets its own notice requirements, and waiting months to tell your insurer can jeopardize a comprehensive claim. Report promptly, as the AGFC recommends.
Deer collisions peak in the fall and winter, when the animals are most active. Drive slower at dawn and dusk, watch the shoulders in wooded stretches, and consider how you and your neighbors handle wildlife near roads, including our rules on feeding deer in Arkansas.
Important Note: This article is educational and is not legal advice. Statutes, AGFC regulations, and insurance policy terms change, and your facts may differ. For injuries, disputed fault, or large property losses, consult a licensed Arkansas attorney.