Can you swerve or brake to avoid hitting an animal on the road? Dick Lovett explains…

Everyone knows what they should do legally if a person runs out in front of their vehicle, but the legalities around what to do - and what’s safe to do - if an animal runs out in front of your car remains a bit of a grey area. 

Many people would instinctively emergency brake or swerve if they saw an animal in front of their car, but veering onto the other side of the road or coming to an abrupt stop could potentially put the driver and many other road users in serious danger. 

However, you could be fined or prosecuted if you swerve or brake to avoid wildlife and your actions lead to a collision with another car. Remember, the animal is not at fault here, but you could potentially be. 

The same rule goes for swerving into oncoming traffic, as the accident could have a much worse outcome than the one you were originally trying to avoid. 

The Road Traffic Act 1988 states that drivers can justify an emergency brake if they see any of the following animals on the road: horse, cattle, donkey, mule, sheep, pig, goat, or dog.

This sadly means that the risk of injury elsewhere has to be weighed up against the significance of the animal on the road in the eyes of the law.

As with any other road traffic accident, if you have an animal accident on the road, you should turn the hazards on, stop your car, and switch off your engine once you’re able and it's safe for you to do so. 

You should then check yourself and any of your passengers for injuries and exit the car if you can. 

If you’ve hit any of the above animals listed by the Road Traffic Act 1988 with your car, you’re legally obligated to notify the police. Failure to do so could result in prosecution. 

While it may be tempting to tend to the animal immediately, you should only do this if you have experience in animal medical care. Injured animals may become aggressive when they’re hurt or frightened, so think carefully before you approach them. 

If you’re not comfortable approaching the animal, it’s best to keep a safe distance when looking for any injuries. If you think the animal is injured, then call professionals to help: 

• RSPCA (England and Wales) on 0300 1234 999
• Scottish Society for the Prevention of Cruelty to Animals (Scotland) on 03000 999 999
• Ulster Society for the Prevention of Cruelty to Animals (Northern Ireland) on 028 3025 1000

While you’ll legally have to report the animals listed in the Road Traffic Act to the police, you should always report other animals to a wildlife organisation, including the ones listed above. Just because the animal doesn’t result in prosecution for failing to report it, doesn’t mean its life isn’t worthy of saving.

If you hit a pet cat with your car, you’ll have to follow all the same steps as above for the dog, but do you have to stop if you hit a cat? 

Sadly, cats aren’t protected in the same way as dogs, and legally, drivers don’t have to stop if they hit one. 

There have been many campaigns to change this, so, hopefully, our feline friends will have the same protection as dogs in the near future. 

However, unlike the other animals listed in the Road Traffic Act, cats and dogs are more commonly kept as pets, so if you accidentally hit them, you’ll need to consider their owner as well. 

Take a look around for any signs of the owner. This will be more likely for dogs, as many cats are free-roaming. But if the owner is there, they’ll likely be very distressed, so try to stay as calm as possible and share all your details with them. 

If you can’t see an owner, try looking for their contact details on the pet’s collar if they’re wearing one. Call the owner and explain what’s happened. 

If you can’t get contact details, try your local animal charity or vet to check the microchip and trace the owner.

Spotting an already dead animal on the road can be a disturbing sight, and many drivers might not know what to do to get that animal removed. 

If you spot a dead animal on the road or pavement, you can try reporting it to the local council for uplift. 

However, if the animal is on a privately owned road, this will be the responsibility of the landowner.