Deer Collision Liability Laws in Nebraska: Who Pays and What the Law Requires
November 8, 2026
Deer collision liability laws in Nebraska work differently from what most drivers expect. U.S. drivers have a 1 in 128 chance of hitting an animal, and in Nebraska the odds are 1 in 140, according to a State Farm report for July 2023 through June 2024. Most deer-vehicle collisions in Nebraska happen in October and November, so the risk is high right now.
A deer is a wild animal with no owner, so there is usually nobody to blame and nobody to sue. That leaves your own insurance, your own choices after the crash, and a few state rules on reporting and salvage.
This article covers who pays, what happens if you swerve, what you must do at the scene, and how long you have to act. It also covers claims against the government, which are harder than most drivers assume.
Who Is Liable When You Hit a Deer in Nebraska
In most cases, nobody is legally liable. White-tailed deer (Odocoileus virginianus) and mule deer (Odocoileus hemionus) are wildlife, not property. No person controls them, so there is no owner to hold responsible when one runs into your path.
Nebraska is an at-fault state. The person at fault for an accident pays the costs associated with it. A deer can’t be at fault in a legal sense, so you usually absorb the loss and look to your own policy.
Livestock is the exception. Nebraska has a statute for crashes with domestic animals on public highways. Under Neb. Rev. Stat. 25-21,274, escaped livestock alone is not enough to raise an inference of negligence against the owner, and ordinary negligence standards apply. That statute covers domestic animals, not deer. If a cow or horse caused your crash, read our guides on estray livestock laws and livestock fence laws.
Key Insight: Fault only matters in a deer crash when a second driver, a property owner, or a government body might share responsibility. Otherwise the question is which of your own coverages applies.
Does Car Insurance Cover Deer Collisions in Nebraska
It does, but only if you carry the right coverage. The Nebraska Department of Insurance says damage from an animal collision falls under the optional comprehensive portion of an auto policy. If you only have collision or liability coverage, your carrier will not cover the damage to your vehicle.
The cost can be large. The National Highway Traffic Safety Administration estimates that deer accidents cause over $1 billion in annual insured losses. You can read the full Nebraska Department of Insurance consumer alert for its advice on animal crashes.
Nebraska’s mandatory coverage won’t pay for your own car in a deer crash. Drivers must carry at least $25,000 for bodily injury per person, $50,000 per accident, and $25,000 for property damage. Those liability limits pay for harm you cause to others, not for your own repairs.
| Coverage Type | Pays for Your Deer Damage? | Notes |
|---|---|---|
| Comprehensive | Yes | Covers animal collisions; a deductible usually applies |
| Collision only | No | Per the state insurance department, it does not cover animal strikes |
| Liability only | No | Pays for damage you cause to others, not your own vehicle |
Pro Tip: Photograph your vehicle damage, the roadway, and any injuries before you leave the scene. Those photos support your claim and help the adjuster classify it as an animal strike.
Who Is at Fault If You Swerve to Avoid a Deer in Nebraska
If you swerve and hit something, you are likely to carry most of the blame. Swerving is a voluntary maneuver, and the other vehicle, a guardrail, or a tree didn’t cause the crash. Nebraska officials give the same advice. If you can’t avoid the collision, don’t swerve, because you could lose control and hit a tree or veer into oncoming traffic.
The Nebraska Game and Parks Commission warns that braking too sharply or swerving may cause you to lose control and roll your vehicle. A rollover after an evasive move is a single-vehicle crash with no other party to bill.
If you swerve into another car, that driver can file a claim against you. Nebraska uses comparative negligence, so fault is divided between the parties. If a court finds one party 80% liable and the other 20%, the 20% party can collect 80% of assessed damages, and a plaintiff who carries too much fault may collect nothing. Your liability coverage would respond to the other driver’s claim.
Your own repairs are a separate question. Some insurers treat a swerve-and-hit-an-object crash as a collision claim even when a deer started it, and others pay under comprehensive coverage. Ask your insurer how it classifies these claims before you need to file one.
Is It Illegal to Hit a Deer and Drive Off in Nebraska
Hitting a deer is not a crime, and leaving after a deer-only crash is not treated like fleeing a crash with a person or another vehicle. The legal risk begins when a person is hurt or another driver’s property is damaged. Leaving in those cases can bring serious charges, so stay put until you’ve confirmed nobody else was involved.
Even when the law doesn’t require you to stay, you should. The Game and Parks Commission says to call law enforcement if you strike a deer, because the animal could be a hazard to other drivers. Move your vehicle to the roadside if possible and turn on your hazard lights.
Also keep your distance from the animal. A frightened or wounded animal can lash out and hurt you. Don’t try to finish off an injured deer yourself. In most states, only a law enforcement officer or game warden has legal authority to put down a critically injured animal on a roadway. For Nebraska’s wider rules on harming animals, see our guide to animal cruelty laws in Nebraska.
Deer Collision Reporting Requirements in Nebraska
Nebraska has no deer-specific crash form for ordinary drivers. Still, you have three reasons to report. A police report documents the crash for your insurer, it warns other drivers about a carcass or injured animal, and it may be required if the crash caused injury or significant property damage.
Nebraska’s general crash-reporting rules depend on injury, death, and a property damage threshold. Check the current threshold with the Nebraska Department of Motor Vehicles or the responding officer rather than relying on an old figure.
- Move to a safe spot and turn on your hazard lights.
- Call local law enforcement or the Nebraska State Patrol if the deer is in the road or anyone is hurt. If you can’t move your car or the carcass blocks traffic, alert authorities so they can clear the roadway.
- Take photos of the damage, the road, and the animal.
- Contact your insurer and ask for a comprehensive claim.
- If you plan to keep the deer, contact Game and Parks within 24 hours. The next section explains how.
Our Nebraska roadkill laws guide covers what happens to carcasses beyond deer.
Can You Keep or Salvage a Deer You Hit in Nebraska
Yes, with a salvage tag. The driver may take possession of the deer but must contact Game and Parks within 24 hours and has 48 hours to receive a salvage tag from a conservation officer or designee. The Game and Parks news release lists these steps for drivers.
The state also ranks who gets first claim on a carcass. Under the administrative code, the individual involved in the accident has first choice, followed by a public institution, a non-profit organization, and then other individuals. You can read the rule text in 163 Neb. Admin. Code, ch. 4, § 013.
| Rule | What It Means for You |
|---|---|
| Contact window | Notify Game and Parks within 24 hours |
| Tagging window | Get the salvage tag within 48 hours |
| Meat sales | Prohibited; it is unlawful to sell or trade any meat from a carcass |
| Carcass limit | One roadkill carcass at a time |
| Shot animals | Not eligible if the carcass shows evidence of being shot |
Salvage is limited to deer, antelope, and elk, and Nebraska residents get the privilege. Food safety is on you, so inspect the animal and field dress it promptly if you keep it. Our roadkill salvage guide walks through the full process.
Can You Sue the State or Local Government Over a Deer Collision in Nebraska
You can try, but these cases are difficult. A deer is wildlife, and a government generally has no duty to keep wild animals off a road. A claim usually needs something more, such as a defective road feature or a failure to follow a specific legal duty, and an attorney should evaluate that.
If you do have a viable claim, Nebraska uses two separate statutes depending on who is responsible for the road. Political subdivisions such as the City of Omaha require written notice of claim within one year under Neb. Rev. Stat. § 13-919, while state agencies like NDOT fall under the State Tort Claims Act, which requires filing with the State Claims Board within two years.
These notice rules are strict. Notice requirements are conditions that must be met before a lawsuit can even be filed. Missing the written notice can end your claim before it starts.
Common Mistake: Drivers assume the standard four-year injury deadline applies to every defendant. Against a county, city, or state agency, the notice window is much shorter.
Time Limits for Deer Collision Injury Claims in Nebraska
Most injury claims have a four-year limit. Under Neb. Rev. Stat. § 25-207, you generally have four years from the date of injury to file a personal injury lawsuit. That deadline would apply if, for example, another driver’s negligence contributed to your deer-related crash.
Claims against the government run on a shorter clock. Under § 13-919, a claim against a political subdivision is barred unless it is made in writing to the governing body within one year, and suits are barred unless begun within two years after the claim accrued. You can read the statute text on the Nebraska Legislature site.
For state agencies, you must file a claim within two years of the incident, according to Nolo’s overview of the Nebraska State Tort Claims Act. If the deadline passes while your claim is under review, you have six months to sue from the date the Risk Manager or State Claims Board mailed its final decision.
| Defendant | First Deadline | Lawsuit Deadline |
|---|---|---|
| Another driver or private party | None required | 4 years from injury (§ 25-207) |
| City, county, or other political subdivision | Written claim within 1 year (§ 13-919) | 2 years from when the claim accrued |
| State agency (such as NDOT) | Claim within 2 years | 6 months after a final decision, where applicable |
Insurance claims have their own policy deadlines, so report the crash to your carrier right away. Minors get extra time. Nebraska tolls the limitation period for minors until age 21, after which the four-year period begins.
The simplest approach after a deer crash is to document everything, call your insurer, and report to law enforcement. If someone was injured or a government road defect may have played a role, talk to a Nebraska attorney early, because the shortest deadline may be one year.
Important Note: This article is general legal information, not legal advice. Statutes and deadlines can change, and your facts may differ, so confirm details with a licensed Nebraska attorney or the agency involved before you act.