Auto Insurance Claims: Who is at fault when avoiding deer?, ditch, damages


Question
Hi,

I was recently involved in a situation where I was driving on the highway at the speeding limit.  I saw a deer run across the highway, and instinctly swerved to avoid it.  However, the car directly behind me, braked and lost control of his car, ending up in a ditch.  My car was fine, as I avoided both the deer and the man behind me.  I stopped to see if he was alright, and the police came and let me go after getting my name and phone number.  My question is who is at fault?

Answer
Hi Peter,

The law requires everyone to maintain control of their vehicle at all times. It seem that you did just that. The fact that the person behind did not do that would mean that he is at fault for his own damages.

I hope this helps
Richard Hixenbaugh