Emergency stops for animals: What does the law say?

When encountering animals on the road, emergency stops are only advised for larger animals like horses or cattle, as hitting them can cause significant damage. Stopping for smaller animals can endanger other road users and may not be legally justified. If an accident happens, liability depends on the situation, including other drivers' actions and the animal owner's responsibility.

This guide explains your rights, when to stop, how to stay safe, and what the law requires.

See also:

Claiming compensation after a road accident.

Emergency stops

As a driver, you likely practiced emergency stops while learning, as this manoeuvre is essential for avoiding accidents. In most situations, staying alert and reading the road ahead means you'll rarely need to perform an emergency stop.

Braking to avoid hitting a pedestrian is the correct reflex in an emergency. However, when it comes to avoiding a collision with an animal, such as a cat or dog, the situation is less straightforward.

Should I perform an emergency stop for a dog or cat on the road?

Many road users and animal lovers might say you should perform an emergency stop for a dog or cat. However, slamming on the brakes to avoid hitting a dog or cat can put other road users at risk. The car behind you may crash into your vehicle, causing potential injury and raising questions about liability.

Determining liability for such an accident can be complex. If you perform an emergency stop without ensuring it’s safe, you could be held responsible. On the other hand, the driver behind might be at fault if they were not maintaining a safe distance.

Emergency stops are often instinctive, leaving little time to weigh up your options. If you’ve been in a collision while trying to avoid an animal, your claim will be assessed based on its individual circumstances. A court will consider whether your actions were reasonable: Was the animal large enough to cause significant damage to your vehicle? Did your response create a greater risk to your passengers or other road users?

See also:

How often do injury claims go to court and what if they do?

When should you brake for large animals and livestock?

Animals such as cattle, horses, pigs, sheep, larger dogs, and goats are generally considered large enough to justify an emergency stop. Hitting one of these animals at speed could damage the front of your car, shatter the windscreen, and potentially injure passengers.

Smaller animals like rabbits, squirrels, and ducks are not likely to cause significant damage. In these cases, it is not considered reasonable to perform an emergency stop if braking would endanger other road users.

Courts do not consider sentimental attachment to animals when assessing these situations. For example, while many drivers would instinctively brake for a cat, cats are not large enough to cause serious damage to a vehicle. The courts are unlikely to view braking for a cat as a valid reason to risk the safety of other road users.

It may seem harsh that the law distinguishes between animals, but road safety takes priority. While hitting a small animal may leave you feeling guilty, causing a crash by stopping suddenly could have far worse consequences.

Determining liability for accidents involving animals on the road

The courts assess each case individually when determining liability for accidents involving animals. If you brake to avoid an animal and the car behind collides with yours, the driver behind may be held responsible for not maintaining a safe distance. However, other factors can affect liability, including the actions of the animal's owner.

In some situations, the owner of the animal might be partially at fault. For example, if a dog runs into the road due to the owner's negligence, or if a sheep is not properly fenced in or there is inadequate signage, the court may find the owner liable.

Fraudulent claims can also complicate these cases. Some drivers might falsely claim to have performed an emergency stop to avoid an animal, seeking compensation. Because of this, the court carefully reviews all evidence before making a decision, leaving nothing ruled out until every detail is considered.

What are my legal obligations if I hit an animal on the road?

If you hit an animal on the road, your legal obligations depend on the type of animal. In the UK, the Road Traffic Act 1988 requires you to stop if you hit a horse, cattle, donkey, mule, sheep, pig, goat, or dog. If asked by someone with a valid reason, you must provide your name, address, the vehicle owner's details (if different), and the vehicle's registration number.

If you are not able to provide their name and address as required, you must report the accident to the police.

For smaller animals like cats, rabbits, or birds, there is no legal requirement to report the incident, but it is still considered good practice to check on the animal’s condition if it is safe to do so. In all cases, you should prioritise your safety and the safety of other road users before taking further action.

See also:

Road accident compensation claims

Can I make an injury claim if I don’t know who is to blame?

Can I claim for an injury if I was partly to blame?

Work accidents Road accidents Public places Medical negligence Other accidents

Author:
Howard Willis, Personal injury solicitor

About the author

Howard Willis qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.