What to do if you hit an animal or a pedestrian while driving
Two kinds of collision have their own rules, and most drivers do not know them until they are standing on the verge working out what to do. Hitting certain animals creates a legal duty to stop and report, in the same way as hitting a person. Hitting a pedestrian creates that duty and a lot more. This guide takes the two in turn.
Hitting an animal
The animals you must stop for
Section 170 of the Road Traffic Act 1988 lists the animals that count as an accident for reporting purposes: dogs, horses, cattle, pigs, goats, sheep, donkeys and mules. If you hit one, you must stop, and you must give your name, address and the car’s registration to anyone with reasonable grounds to ask, which in practice means the owner or the farmer. If nobody is there to ask, you must report it to the police as soon as practicable and in any case within 24 hours.
Cats, deer, badgers, foxes, birds and other wildlife are not on the list. There is no legal duty to stop or report for them. There are still good reasons to, covered below.
Failing to stop or report for a listed animal is the same offence as failing to stop after any accident. It carries five to ten points, a fine of up to £5,000, and can lead to disqualification.
What to do at the scene
Pull over somewhere safe, switch on the hazards, and, if it is dark or a fast road, get out of the car on the passenger side and stand behind a barrier. Your safety comes before the animal’s. On a motorway or dual carriageway do not attempt to reach the animal at all; call the police on 101, or 999 if it is in a live lane, and let them close the road.
If the animal is alive, do not try to move it unless it is small and you can do so without being bitten or kicked. An injured dog will bite. An injured deer or horse can kill you. Ring the police, the RSPCA (0300 1234 999 in England and Wales) or the SSPCA in Scotland, and stay at a distance.
If the animal is a dog or has a collar, try to find the owner. For livestock, look for a farm entrance and knock. If you cannot find anyone, report to the police within 24 hours; you can do that online through most force websites or by calling 101.
Take photographs of the scene, the animal, and the damage to your car. They will matter for the insurance claim and, if a farmer alleges you were speeding, for your defence.
Deer and wildlife
Drivers hit around 40,000 to 70,000 deer on British roads each year, with collisions peaking in October and November and again in May. The law does not require you to report a collision with a deer. However, the police ask drivers to report incidents because an injured deer on the carriageway can endanger other road users. The police can then arrange for someone to safely remove or assist the deer. Call 101. Do not approach an injured deer; do not try to load a dead one into the car.
Cats are the one that upsets people most. Legally you do not have to stop. The animal welfare charities and most vets would ask you to, because a cat with a collar has an owner who will want to know, and a cat without one can be scanned for a microchip at any vet. Take it to a vet if you can; there is no charge for handing in an animal.
Insurance
If you hit an animal and damage your car, you can claim through your own comprehensive cover. Most insurers will treat it as a fault claim because they cannot recover the costs from a third party. However, if livestock escapes from an inadequately fenced field and causes the collision, the farmer’s liability insurance may cover the damage. Our guide to what car insurance covers explains the difference between fault and non-fault, and will my insurance go up after a claim helps you decide whether to claim for minor damage. If the car is undriveable, our breakdown guide covers getting it recovered.
Hitting a pedestrian
This is the collision every driver dreads and the one where what you do in the first ten minutes matters most.
Stop
You must stop, whatever the circumstances, whoever was at fault, however minor it seems. Driving on is the offence of failing to stop, it is treated far more seriously when a person is involved, and it turns a possible civil matter into a criminal one that can carry a prison sentence.
Call 999
If the pedestrian is injured at all, call 999 and ask for an ambulance and the police. Do not let them persuade you they are fine and walk off. Shock hides injuries, head injuries in particular, and you need the incident recorded. Give the operator the location, the number of people hurt, and whether the person is conscious and breathing. Follow their instructions on first aid; do not move the person unless they are in immediate danger from traffic.
Switch on your hazards, and if you have a warning triangle and it is safe, place it behind the car to protect the scene.
Say the right things
Check they are all right. Give the other driver your name, address and registration. The law requires you to provide these details, and doing so is the decent thing. Do not apologise in a way that admits fault. Avoid saying “I didn’t see you” or discussing speed or who had right of way. You should not act evasively, but you may not have enough information to judge what happened, and others may repeat anything you say later. Our guide to who is at fault in a car accident explains how liability is actually worked out.
Gather evidence
Once someone starts looking after the person, photograph the scene, the car, the road markings, any crossing, any parked vehicles that obstructed the view, and the weather and lighting conditions. Get names and numbers of witnesses before they drift away. If you have a dash cam, save the footage; our dash cam guide explains why it is the single most useful piece of evidence in these cases.
Report and tell your insurer
If the police attended, it is reported. If they did not, you must report it in person at a police station within 24 hours. Tell your insurer the same day, even if you do not intend to claim; every policy requires notification of any incident that could give rise to a claim, and a pedestrian injury almost certainly will. Our guide to making a claim covers what happens next, and what to do after a car accident is the general version of this checklist.
What happens afterwards
The police will investigate if there is a serious injury. You may be breathalysed at the scene as a matter of routine. The pedestrian, or their family, will usually bring a claim against your insurer, and your insurer will handle it; you should not deal with them or their solicitors directly. If you were driving carefully and within the limit and the pedestrian stepped out, you may face no charge and the claim may be reduced for contributory negligence. If you were speeding, on your phone, or over the limit, the consequences are criminal.
Drivers involved in a pedestrian collision are often more affected than they expect, for a long time. Your GP can refer you for support, and talking to someone about it is not a weakness.
Frequently asked questions
Do you have to report hitting a cat?
No. There is no legal duty. Most people stop anyway and take the cat to a vet, where it can be scanned for a chip.
Do you have to report hitting a deer?
No legal duty, but the police ask you to call 101 so the road can be made safe and the animal dealt with.
Is hitting an animal a fault claim?
Usually, because there is no third party to recover the cost from. The exception is escaped livestock where the owner was negligent.
What if I hit a pedestrian who was jaywalking?
You must still stop, help, and report. Fault is decided later, and pedestrians in the road are not automatically to blame.
Can I be prosecuted for hitting a pedestrian if I wasn’t at fault?
If you were driving lawfully and there is no evidence of careless driving, prosecution is unlikely. Failing to stop or report is an offence regardless of fault.
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