Who’s liable for wild dear?
I had an accident last summer on the A34 near Newbury where I hit a deer that came out of a field to the right of the road. I had a few fractures but fortunately nothing life threatening. Since the accident the Highways Authority have been cutting this verge down very low to the grass. Could this be seen as an admission of blame – do you think I have a claim?
Claudia S, by e-mail
Answer
I think you will have real difficulty establishing liability against the council / highways for the accident. If it could be shown it was a deer that belonged to a deer farm, as opposed to a wild deer, then there may be something in it (because then you could go after the owner for compensation) but I suspect this may not be possible.
You could always write to the council alleging they knew of the problem with deer on the road (it appears to be a deer accident hotspot) and say they should have fenced off the verge and tell them you wish to claim compensation for your injuries and financial losses. You should ask for their relevant risk assessments and any minutes of meetings discussing the problem. I think they will deny liability but you may think it is worth a shot. If you do decide to pursue it then you have 3 years from the date of the accident to issue a claim at court.
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