If you have been injured after hitting an animal on the road in the UK, whether you can claim compensation depends on the type of animal and who was responsible for it being there. For livestock (cattle, sheep, horses, pigs, goats), the keeper is usually liable under section 8 of the Animals Act 1971 if the animal strayed due to inadequate fencing or negligent control. For wild animals (deer, badgers, foxes), there is generally no one to claim against — unless the highway authority failed to put up warning signs at a known crossing point. The time limit is three years.
Collisions with animals on UK roads cause hundreds of injuries every year, and the damage to vehicles can be severe. A cow or horse on a fast road can cause a fatal accident. The legal position varies significantly depending on whether the animal was domestic livestock, a pet, or a wild animal — and on whether the highway authority or landowner contributed to the hazard. This guide explains the rules. We are an independent information resource, not a law firm.
The Animals Act 1971 and livestock
Section 8 of the Animals Act 1971 imposes a duty on the keeper of livestock to prevent animals from straying onto the highway. If livestock escape and cause a road accident because of inadequate fencing, a broken gate or negligent herding, the keeper is liable for any resulting injury or damage. “Livestock” under the Act includes cattle, horses, donkeys, sheep, pigs, goats and poultry.
✓ Important exception
On roads that cross common land or unfenced moorland, animals traditionally have a right to roam. In these areas, the livestock keeper may not be liable under section 8 because there is no duty to fence. Warning signs and local speed limits are the main safety measures.
Common scenarios
| Scenario | Potential defendant | Legal basis |
|---|---|---|
| Cattle/sheep strayed through broken fence | Livestock keeper (farmer) | Animals Act 1971 s.8 + negligence |
| Horse on road at night without reflectors | Horse rider/owner | Negligence; Highway Code para 49-55 |
| Dog ran into road causing swerve | Dog owner | Animals Act 1971 s.2 or negligence |
| Deer on road (wild) | Usually no one; possibly highway authority | Highways Act 1980 s.41 if they failed to sign a known crossing |
| Animal on road due to defective highway fencing | Highway authority | Highways Act 1980 s.41 (duty to maintain) |
Wild animals: deer, badgers, foxes
Wild animals have no keeper, so there is usually no one to sue. However, if the highway authority knew about a persistent animal-crossing hazard (e.g. a stretch of road known for deer crossings) and failed to erect warning signs or take other reasonable measures, there may be a claim under section 41 of the Highways Act 1980. The council can rely on the section 58 defence by showing it took reasonable care.
Horse riders on roads
Horses are lawful road users, but riders must follow the Highway Code (paragraphs 49-55). If a rider was negligent — riding in the dark without lights or reflectors, failing to control the horse, riding on a road where horses are prohibited — they are liable in negligence. The difficulty is that third-party insurance is not compulsory for horse riders in the UK (unlike motor vehicles), so recovery may depend on whether the rider has personal liability insurance or horse insurance with public liability cover.
Compensation
| Injury | JCG chapter | Severity range |
|---|---|---|
| Whiplash | Whiplash tariff (CLA 2018) or Chapter 7(A) | £240–£4,215 (tariff) or higher for non-tariff neck injury |
| Fractures | Various Chapter 7 | Several thousand to mid-tens of thousands |
| Head injury | Chapter 3(A) | A few thousand to several hundred thousand |
| Spinal injury | Chapter 7(A) | Mid-tens of thousands to over 300,000 |
| Psychiatric injury (PTSD) | Chapter 4(A) | Up to approximately 6,540 (less severe) to 56,180–122,850 (severe) |
Special damages include vehicle repair or write-off costs, lost earnings, treatment, hire car charges and travel costs.
Evidence
- Photographs — the animal, the road, the vehicle damage, the fencing (if applicable).
- Police report — under section 170 of the Road Traffic Act 1988, you must report a collision with certain animals (dogs, horses, cattle, sheep, pigs, goats, donkeys and mules).
- Animal owner’s details — identify the farmer or keeper if possible.
- Dashcam footage — showing the animal on the road and the collision.
- Fencing condition — photos of broken fences, gates left open.
- Medical records — A&E, GP, specialist treatment.
Reporting obligations
Under section 170 of the Road Traffic Act 1988, if you hit a dog, horse, cattle, sheep, pig, goat, donkey or mule on a road, you must stop, and if the owner is not present, report the accident to the police within 24 hours. Failure to do so is a criminal offence. This report also creates useful evidence for any subsequent claim.
Time limits
Three years from the accident under the Limitation Act 1980. Children’s time starts at 18. See our time limits guide.
Frequently asked questions
Can I claim if I hit an animal on the road?
It depends on the type of animal and who was responsible for it being on the road. If livestock (cattle, sheep, horses, pigs, goats) strayed onto the road because the owner failed to fence them in, you can usually claim against the owner under the Animals Act 1971 or in negligence. Wild animals like deer are generally no one’s responsibility.
What does the Animals Act 1971 say about livestock on roads?
Section 8 of the Animals Act 1971 imposes a duty on livestock keepers to prevent their animals from straying onto the highway. If livestock stray because of inadequate fencing or negligent herding, the keeper is liable for any damage or injury caused. This applies to cattle, sheep, horses, pigs, goats, poultry and other domesticated animals.
Can I claim for swerving to avoid an animal?
Yes. If you swerved to avoid a stray animal and crashed, you can claim against the animal’s owner provided the animal should not have been on the road. The damage caused by your evasive action was a foreseeable consequence of the owner’s negligence.
What about deer on the road?
Wild deer are generally no one’s responsibility, and you cannot usually claim for a deer collision. However, if the highway authority knew about a persistent deer-crossing hazard and failed to erect warning signs, there may be a claim against the council under the Highways Act 1980.
Can I claim against the highway authority?
If the highway authority failed to maintain fencing that was supposed to keep animals off the road, or failed to erect warning signs at a known animal-crossing point, you may have a claim under section 41 of the Highways Act 1980. The section 58 reasonable maintenance defence will apply.
What if a horse rider caused my accident?
Horse riders are road users who must comply with the Highway Code. If a horse rider was negligent (e.g. riding without adequate visibility aids at night, failing to control the horse, riding on a motorway), you can claim against them for negligence. Third-party insurance is not compulsory for horse riders, so recovery may depend on whether they have insurance.
How much compensation for an animal road accident?
Compensation depends on injury severity and vehicle damage. General damages for personal injury are assessed using the Judicial College Guidelines. Special damages cover vehicle repair or replacement, lost earnings, treatment costs and other expenses.
How long do I have to claim?
Three years from the date of the accident under the Limitation Act 1980 (England and Wales). Children’s time starts at 18.
Get help from official, free sources
- Solicitors Regulation Authority (SRA) — check a solicitor is regulated
- The Law Society — Find a Solicitor — accredited PI specialists
- Citizens Advice — free, impartial guidance
- GOV.UK — reporting road accidents involving animals
Related guides: road traffic accident claims, dog bite claims, horse riding accident claims, motorbike accident claims, cycling accident claims.