Hit a deer on the M7 Sunday night

Trhiggy83

Hi everyone,
Just looking for opinions on this,
Last sunday evening i was driving back to dublin from Limerick and i hit a deer on the motorway outside Birdhill on the dual carraigeway heading northbound. I was doing 120km at the time and lost control and hit the concrete barrier but was lucky to walk away just a bit shaken. I now have to claim off my own insurance and am going to get screwed next year to be honest when i have to pay my next premium. As you can imagine i am not too happy about this. I contacted the NRA as i want to know why a deer was on the dual carriageway in the first place. They have told me to contact the senior roads engineer at Limerick county council as the raod in still in their posssession and also pointed out that an Environmental impact study was carried out prior to the road being opened and no deer had been identified in the entire section. Would anyone have any advice on what the best approach would be as i dont want to really claim and also this could happen again to someone else, and if it does im sure someone else will be killed. The only reason i avoided serious injury is because the road was very quite at the time but if there was cars behind me sunday night, then there would have definately been a pile up because i ended up in the middle of the road facing the wrong direction. So my question is do i have a case for holding anyone negligible in this case or am i just wasting my time.
Anyone have any ideas on my best course of action as im just looking for feedback. Cheers for the feedback in advance.

Bill G

Let me get this straight, you expect the NRA to keep all the deer off all the motorways? What next, met eireann to keep anyone from getting hit by lightning?

Trhiggy83

Bill G wrote: »

Let me get this straight, you expect the NRA to keep all the deer off all the motorways? What next, met eireann to keep anyone from getting hit by lightning?

Well not really but the fact that a study was carried out and found no deers on the entire section. Thats my arguement, i am looking for feedback thats all, if you want to make a comment that then feel free, you are entitled to your opinion.

west101

Bill G wrote: »

Let me get this straight, you expect the NRA to keep all the deer off all the motorways? What next, met eireann to keep anyone from getting hit by lightning?

its a bit more practical to put a fence up to stop deer getting onto a motorway than to install lighting rods all over the country afterall thats why we pay road tax.

OP im not familiar with the area but if the deer belonged to a farmer than he would be liable.

bullmccabe2010

Was the deer ok?

Trhiggy83

west101 wrote: »

its a bit more practical to put a fence up to stop deer getting onto a motorway than to install lighting rods all over the country afterall thats why we pay road tax.

OP im not familiar with the area but if the deer belonged to a farmer than he would be liable.

Thanks for that west 101, I dont know what has happened to the deer since then even though he did get put down.He might have been tagged but i didnt get that close to him and i wasnt in the best shape to be thinkin straight when it happened.

Trhiggy83

bullmccabe2010 wrote: »

Was the deer ok?

No to put it bluntly, i wont go into the details

Turner

You are making it sound as if the deer hit you..

You drove into and hit the deer.

If you had hit a drunk and out of his mind on drugs pedestrian (yes i know it was a motorway) you would have a lot of questions to answer..probably under arrest.

Deer like people live wild on this island and can show up anywhere...

Trhiggy83

Chief--- wrote: »

You are making it sound as if the deer hit you..

You drove into and hit the deer.

If you had hit a drunk and out of his mind on drugs pedestrian (yes i know it was a motorway) you would have a lot of questions to answer..probably under arrest.

Deer like people live wild on this island and can show up anywhere...

The road was pitch dark and i had my full beam lights on for the majority of the time but had the dipped beams on when i hit him. Its not practical to drive from Limerick to Dublin with your full beams on in my opinion as you would be blinding people in the opposite diretction. The area where i hit him was very dark and thats partly the reason he was on the road as he could not see a thing either in my opinion

FreudianSlippers

There are loads of signs up all around the country warning that deer may be on roads. You hit a deer and damaged your car - this is why we have insurance (and for other reasons).
If you're asking who you can sue, we don't do that here. See a solicitor, but don't get your hopes up.

Trhiggy83

OisinT wrote: »

There are loads of signs up all around the country warning that deer may be on roads. You hit a deer and damaged your car - this is why we have insurance (and for other reasons).
If you're asking who you can sue, we don't do that here. See a solicitor, but don't get your hopes up.

There is no signs on this road.I am basically asking if someone is at fault then should they be held responsible. If you interpret that as me wanting to sue then yes you are probably right. But if someone is found to be at fault then that is the way the law works. Dont try to paint a picture of me just wanting to claim as this is not the case but if thats your opinion on what i wrote above then fair enough.

Wats_in_a_name

No-one is responsible. You have insurance for a reason. If you hit a person on the motorway you wouldn't be going off trying to sue other people. Its a deer you can't expect the NRA, County Councils etc keeping track of every wild animal.

Trhiggy83

Wats_in_a_name wrote: »

No-one is responsible. You have insurance for a reason. If you hit a person on the motorway you wouldn't be going off trying to sue other people. Its a deer you can't expect the NRA, County Councils etc keeping track of every wild animal.

But they did carry out a Environmental impact sudy and found nothing thats why im slightly annoyed. Im not really motivated by money to be honest but i feel fairly strongly that somebody should be held accountable if they are in the wrong.

FreudianSlippers

Trhiggy83 wrote: »

There is no signs on this road.I am basically asking if someone is at fault then should they be held responsible. If you interpret that as me wanting to sue then yes you are probably right. But if someone is found to be at fault then that is the way the law works.

Yes, someone is at fault: you.

Trhiggy83 wrote: »

Dont try to paint a picture of me just wanting to claim as this is not the case but if thats your opinion on what i wrote above then fair enough.

So my question is do i have a case for holding anyone negligible in this case or am i just wasting my time.

^^

Trhiggy83

OisinT wrote: »

Yes, someone is at fault: you.

Bit harsh, you dont know the entire story. if you encountered a deer on the motorway im sure you would be asking the same questions as me. I have never had an accident and would not consider myself as a careless driver.

Should we except that deer should be on the motorway with the likelyhood of a serious accident or death waiting for us. surely some precautions should be taken.

thebullkf

Trhiggy83 wrote: »

Hi everyone,
Just looking for opinions on this,
Last sunday evening i was driving back to dublin from Limerick and i hit a deer on the motorway outside Birdhill on the dual carraigeway heading northbound. I was doing 120km at the time and lost control and hit the concrete barrier but was lucky to walk away just a bit shaken. I now have to claim off my own insurance and am going to get screwed next year to be honest when i have to pay my next premium. As you can imagine i am not too happy about this. I contacted the NRA as i want to know why a deer was on the dual carriageway in the first place. They have told me to contact the senior roads engineer at Limerick county council as the raod in still in their posssession and also pointed out that an Environmental impact study was carried out prior to the road being opened and no deer had been identified in the entire section. Would anyone have any advice on what the best approach would be as i dont want to really claim and also this could happen again to someone else, and if it does im sure someone else will be killed. The only reason i avoided serious injury is because the road was very quite at the time but if there was cars behind me sunday night, then there would have definately been a pile up because i ended up in the middle of the road facing the wrong direction. So my question is do i have a case for holding anyone negligible in this case or am i just wasting my time.
Anyone have any ideas on my best course of action as im just looking for feedback. Cheers for the feedback in advance.

speeding?

don't think you can claim off anybody tbh.

hey - look on the brightside... you're alive.

and able to type :P

FreudianSlippers

Trhiggy83 wrote: »

Bit harsh, you dont know the entire story. if you encountered a deer on the motorway im sure you would be asking the same questions as me. I have never had an accident and would not consider myself as a careless driver.

Should we except that deer should be on the motorway with the likelyhood of a serious accident or death waiting for us. surely some precautions should be taken.

You hit a deer on the motorway. What more is there really to know? If you're asking if you have "a case for holding anyone negligible" the answer is likely no.
If you're asking something else like what kind of prevention is put in place to stop deer from going on roads, then you need to post in the Infrastructure forum.

It might sound a bit harsh, but multiple posters in this thread have told you their opinions - it may not be what you want to hear, but the bottom line is that this is an unfortunate accident.

johnnyskeleton

Trhiggy83 wrote: »

There is no signs on this road.I am basically asking if someone is at fault then should they be held responsible.

But as you say there was no one else there but you and the deer. The county council cannot be held responsible for not putting up a sign warning you that you could hit a deer.

The deer got a wallop and possibly died. You got a nasty shock and survived. Count your blessings. But don't forget that just because an accident happened, doesn't mean that someone else is to blame.

Trhiggy83 wrote: »

Bit harsh, you dont know the entire story.

So are you blaming the deer, or god or the county council, or FF's handling of the economy or local hunters or what? Without you providing further information, all we know is that you drove into a deer and damaged your car. Just like if you drove into your wall while driving out of your driveway.

Trhiggy83 wrote: »

if you encountered a deer on the motorway im sure you would be asking the same questions as me. I have never had an accident and would not consider myself as a careless driver.

But surely now you will drive more carefully, no?

Trhiggy83 wrote: »

Should we except that deer should be on the motorway with the likelyhood of a serious accident or death waiting for us. surely some precautions should be taken.

Yes, that's the first rule of driving - expect the unexpected. If you cannot slow your car to a complete stop completely unimpeded in the road ahead, then drive slower.

Trhiggy83

OisinT wrote: »

You hit a deer on the motorway. What more is there really to know? If you're asking if you have "a case for holding anyone negligible" the answer is likely no.
If you're asking something else like what kind of prevention is put in place to stop deer from going on roads, then you need to post in the Infrastructure forum.

It might sound a bit harsh, but multiple posters in this thread have told you their opinions - it may not be what you want to hear, but the bottom line is that this is an unfortunate accident.

Thats fine but you didnt answer the question, if you hit a deer would you not be askin the same questions, I reckon you would to be honest. i think this was preventable and the perimeter fencing should be adequate for the livestock that it holds. Let the debate continue

Farcear

Hi everyone,
Just looking for opinions on this,
Last sunday evening i was driving back to dublin from Limerick and i hit a deer on the motorway outside Birdhill on the dual carraigeway heading northbound. I was doing 120km at the time and lost control and hit the concrete barrier but was lucky to walk away just a bit shaken. I now have to claim off my own insurance and am going to get screwed next year to be honest when i have to pay my next premium. As you can imagine i am not too happy about this. I contacted the NRA as i want to know why a deer was on the dual carriageway in the first place. They have told me to contact the senior roads engineer at Limerick county council as the raod in still in their posssession and also pointed out that an Environmental impact study was carried out prior to the road being opened and no deer had been identified in the entire section. Would anyone have any advice on what the best approach would be as i dont want to really claim and also this could happen again to someone else, and if it does im sure someone else will be killed. The only reason i avoided serious injury is because the road was very quite at the time but if there was cars behind me sunday night, then there would have definately been a pile up because i ended up in the middle of the road facing the wrong direction. So my question is do i have a case for holding anyone negligible in this case or am i just wasting my time.
Anyone have any ideas on my best course of action as im just looking for feedback. Cheers for the feedback in advance.

In fact, OP, you can probably count yourself lucky that *you* are not being sued for causing damage to some farmer's property had that been a privately owned animal!

Ditto on the, rule #1 of driving: expect the unexpected.

FreudianSlippers

Trhiggy83 wrote: »

Thats fine but you didnt answer the question, if you hit a deer would you not be askin the same questions, I reckon you would to be honest. i think this was preventable and the perimeter fencing should be adequate for the livestock that it holds. Let the debate continue

No, I genuinely would not. I've encountered deer on roads and motorways and I've always been able to slow down and avoid a collision. I've been lucky, you weren't.
We all hate when accidents happen, but Bill G had it right in the 2nd post.

BornToKill

I sympathise but there are really few grounds for debate. Unless there are special circumstances such as a deer farm or a an estate with a herd of deer from which this one strayed, the chances are you hit a wild deer that was not owned by anyone. If that is so and the deer is a wild animal then no-one can be accountable for it.

On a technical level, it is almost impossible to fence for deer given their capacity for jumping. It can be surprising easy to hit them and I've had close encounters in the past without, fortunately, a collision. At least you have insurance and at least you weren't killed or injured.

Horse_box

Trhiggy83 wrote: »

Thats fine but you didnt answer the question, if you hit a deer would you not be askin the same questions, I reckon you would to be honest. i think this was preventable and the perimeter fencing should be adequate for the livestock that it holds. Let the debate continue

In fairness, what do you want the authorities to do about it? Fence off all the roads in the country so wild aniimals can't jump out in front of cars?

emanresu

Farcear wrote: »

In fact, OP, you can probably count yourself lucky that *you* are not being sued for causing damage to some farmer's property had that been a privately owned animal!
.

This is not correct. It's the other way around. An owner of a loose animal on a road is liable for damage caused to a car if there is an accident.

BrianD3

Farcear wrote: »

In fact, OP, you can probably count yourself lucky that *you* are not being sued for causing damage to some farmer's property had that been a privately owned animal!

That's rubbish. Had it been a farm animal or licenced dog the owner would have been fully or partially liable for the damage to the OP's car. The OP would not have been in any way liable for the damage to the animal.

bryaner

Farcear wrote: »

In fact, OP, you can probably count yourself lucky that *you* are not being sued for causing damage to some farmer's property had that been a privately owned animal!

Ditto on the, rule #1 of driving: expect the unexpected.

Don't know where your going with a farmers animal and suing here, I think

your getting it the wrong way around, farmers are responsible for their livestock

and ensuring they cannot roam free..

Trhiggy83

Horse_box wrote: »

In fairness, what do you want the authorities to do about it? Fence off all the roads in the country so wild aniimals can't jump out in front of cars?

I honestly think if it happens again someone will be killed. Mark my words on the M7 someone will be killed. Now should i not do anything - i think not.

mikemac

Ah, this thread reminds me of Formula One.

https://www.youtube.com/watch?v=-_7_aJnQ1Uk

Even with fencing, crash proof barriers and thousands of security, they can't control a wild deer. Nice jump at the end

It's an accident, that is what insurance is for.
If this was a wild deer then realy, there is nobody to blame here.
However if a local farmer has deer and his stock is escaping and causing accidents your insurance company can follow up on this.
Was the deer tagged?

bryaner

I think the country is awash with wild deer at the moment, think there is a cull ongoing but not full sure..

slimjimmc

Trhiggy83 wrote: »

Bit harsh, you dont know the entire story. if you encountered a deer on the motorway im sure you would be asking the same questions as me. I have never had an accident and would not consider myself as a careless driver.

Should we except that deer should be on the motorway with the likelyhood of a serious accident or death waiting for us. surely some precautions should be taken.

The M9 is exactly the same. In the last few weeks I've seen 2 dead deer in the same area on the M9 south of Kilcullen, they seemed to be heading for or coming from a wooded area about 300m from the motorway.

Surely the authorities must be aware for years that deer inhabit this area since there are signs in that same area on the old N9 (afaik) and further up on the M9 north of Kilcullen for years. For this reason I don't understand why no protection or signage has been installed in an area known to be populated by wild deer.

Trhiggy83

feelingstressed wrote: »

Ah, this thread reminds me of Formula One.

https://www.youtube.com/watch?v=-_7_aJnQ1Uk

Even with fencing, crash proof barriers and thousands of security, they can't control a wild deer. Nice jump at the end

It's an accident, that is what insurance is for.
If this was a wild deer then realy, there is nobody to blame here.
However if a local farmer has deer and his stock is escaping and causing accidents your insurance company can follow up on this.
Was the deer tagged?

Not too sure if the deer was tagged as it wasnt my priority to check at the time to be honest. But i could ask the gaurds as they went over to have a look.

Trhiggy83

slimjimmc wrote: »

The M9 is exactly the same. In the last few weeks I've seen 2 dead deer in the same area on the M9 south of Kilcullen, they seemed to be heading for or coming from a wooded area about 300m from the motorway.

Surely the authorities must be aware for years that deer inhabit this area since there are signs in that same area on the old N9 (afaik) and further up on the M9 north of Kilcullen for years. For this reason I don't understand why no protection or signage has been installed in an area known to be populated by wild deer.

Another theory is if wild deer were found on these sites originally, then the roads would have never have been. Dont class me as a cynic but they probably didnt want to find them at the time

baldbear

Oh Deer, sorry for your troubles! Are you sure it wasn't the dancing priest? Have you pics of the damaged car or what happened to the deer?

You're liable anyway i'd say. It would be like hitting a badger or any wild animal. Tough shíte you'll have to take the hit on your insurance.

ted1

you can't fence in a deer. They can leap crazy gig and will find a weak point should they meet a extremly point. You'll be claiming off your policy. No point looking for a scapegoat ↲was it the new stretch of road? Maybe they are due to place signs in which case you could claim the road was unfinished

Mr McBoatface

Trhiggy83 wrote: »

I honestly think if it happens again someone will be killed. Mark my words on the M7 someone will be killed. Now should i not do anything - i think not.

OMG !! Get over it already, you hit a wild animal on the road and nobody is responsible except you for not being able to react to the situation quick enough.

You have insurance for a reason ...

FreudianSlippers

This thread has definitely run its course. I'm starting to regret not closing it earlier.

OP, your original question has been answered. I'm sorry that you are not happy with the answer - if you still wish to pursue the matter, speak to a solicitor.