# Deer hit by car



## InTheRiver (May 15, 2006)

Whats the legality of this situation? A car hits a deer and it defiantly has 2 broken back legs and some internal damage, you can tell the deer is not going to make it, but its still trying like crazy to get up and run but physically can't. You happen to have a gun on hand, is it legal to finish off the deer? This would be on a back country road not near a city.


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## Boardman Brookies (Dec 20, 2007)

I am not sure on the legal part of it, but I know what I would do if they animal was suffering.....


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## InTheRiver (May 15, 2006)

I know what I did was RIGHT, I just want to know whats legal. I can't stand to see an animal suffer.


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## jcurtis (Oct 11, 2004)

The legal thing to do is call the police and do as they say.


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## WALLEYE MIKE (Jan 7, 2001)

Call police or CO and they will dispatch the deer. And probably will let you take it.


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## Ausable Junkie (Oct 2, 2002)

I had same situation maybe 15 years ago . Both back legs broken, trying to move itself with its front legs. I called the RAP hotline to report it. I didn't know where to call actually, just figured the hotline was my best bet. 

I was told I had to wait for a CO to show up and they'd kill the deer. The chance of a CO being there within 30 minutes was slim due to the rural area it was in. When she asked me for the location of the deer, I said "Don't bother." and hung up. 

I don't know what the law book actually says, but from my phone call, i'd say it can't be done by someone other than law enforcement.


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## huntingfool43 (Mar 16, 2002)

It can only be done by a LEO. Shooting it is the same as poaching. It is the human thing to do but can get you in trouble if you get caught.


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## WMUAngler (Oct 18, 2007)

huntingfool43 said:


> It can only be done by a LEO. Shooting it is the same as poaching. It is the human thing to do but can get you in trouble if you get caught.


I would call 911 to report the accident and also to request a police officer to come and shoot the deer. Most of the police officers I know are hunters and would rush over as quick as possible to help out. I'd rather shoot it myself, but I'd only do so if I received permission from a LEO.


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## William H Bonney (Jan 14, 2003)

Sometimes the _right_ thing to do is not always _legal_.

Personally,, I'd do the _right_ thing, regardless of the possible consequences.


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## icecathound (Feb 16, 2006)

i came up on one once that had been hit i called 911 they told me to shoot it and take it home and an officer would be along as soon as they could


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## Stix (Oct 10, 2008)

Saw one get hit a few years ago and stopped. This deer was flopping all over making all sorts of racket. Guy called police and asked if he could shoot it. They said no not at your location. He asked if he could kill it another way without firearms. They said .... Umm not sure. He proceeded to get a baseball bat out of his trunk and tee'd of on this deers head. 

Game over. 1 shot to the noggin and this deer was in peace. I was actually feeling bad myself this thing was in serious pain for quite awhile before he helped it. I am glad this guy had a swing like he did. Hate to have to see him hit it more than once. 

He did not get in trouble tho people stayed and told the officer it was flopping and making all sorts of nasty noises. They said its not advised but the best thing to do for the deer. If its on a backroad and safe they say you would probly be told to kill it with gun and make report. This one was on a main road.


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## InTheRiver (May 15, 2006)

Well thankfully for the deer;s sake this was out in the boone docks and there were no houses for hundreds of yards, the guy who hit the deer wanted to beat it with a good size branch,, my reaction to that.... YOU JUST HIT THE DEER WITH YOUR TRUCK 5,000lbs @ 50mph and its still alive.....do you really think your gonna hurt/kill it with that 2lb branch .  

Thanks for the info guys.


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## JWICKLUND (Feb 13, 2005)

Their are several reason I can think of off the top of my head as to why a law enforcement officer can shoot a deer and most of the time, civilians can't. The LEO will have to verify the animal has been hit by a car before he can issue a road kill permit, the LEO has to do an accident report for damage to the vehice, the deer is in a populated area where an errant shot by a lesser experience shooter could cause damage or injury to themselves or another person/property. 
I know dispatches all over the state give people permission to shoot injured deer because the LEO's are short handed or tied up on calls, but if we gave every person who called, permission to shoot deer that in their minds were "suffering" or "flopping all over the road", we would open ourselves up to lawsuits and legal headaches.


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## jakeo (Sep 14, 2004)

I hate to see any animal suffer and I'd do as my heart told me under the circumstance. If there were any consequences afterwords.......I'd deal with that then.
Sometimes you must just do as you feel IMO!


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## boehr (Jan 31, 2000)

In addition to what JWICKLUND stated. If you shoot the deer how will you prove the deer could have not survived? Because it is flopping around? How many times have you seen a person, especially a kid hurt themselves and go jumping all around screaming. How are you going to prove you didn't shoot the deer first then try to make it look like it was hit by a car? There are so many possible senerios and I think I have actually seen most of them, especially the ones of a person trying to get away with something.

One can do what they feel is right or what their heart tells them all they want but in the end, the right thing is what the law allows so when you do it your way and suffer the consequences then don't go around crying about how you were wronged. The way cell phones are now days it isn't that difficult to make a call first and do it the "right" way.


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## Chocha (Aug 3, 2006)

I had the same problem 2 years ago near Whittemore on M65.. I smacked a deer and busted 3 of its legs.. It was a very small deer.. However it was still breathing even though it was out cold.. I called MSP and naturally they were too busy to come out to write a report or dispatch the deer at 830on a Sunday night.. I also had a gun on board and asked about dispatching the deer myself.. I was told no.. After I hung up and about 15 mins after the call the deer tried getting up and running several times on its broken legs.. Each time it tried to go back across the road (while traffic was oncoming).. This was not only extremly dangerous as we had at least 2 cars lock up brakes as the deer moved back in the road, it was also very painful to watch this deer suffer.. By this time my uncle had arrived to pick up the deer and take it back to the hunting camp for me... We wound up putting the deer out with a 2 x 4 he had in his truck.. While Its not as humane as my pistol would have been, I also had to somewhat protect myself by not shooting the deer as I was instructed.. this was one time where I really had to make a judgement call on not only my safety, but other drives safety as well as for the deers suffering.. Regardless of the law.. 

After this was done we actually had to pick up the deer and head to the MSP in Tawas.. Had the report written up for insurance purposes and obtained my road kill deer permit.. We did tell the LEO what we did and he had no objections.. He said it was the lesser of 2 evils in regards to using the gun...He did also inspect the carcass for any entry/exit wounds..


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## cmpdad (Jan 4, 2006)

Saw a cat hit on 31 in Benzie county once. Back half was as flat as a pancake and it was making a god awful noise. It was suffering badly and the woman that hit it was just standing there crying. I picked up a large rock and put it out of its misery...Then this broad goes off on me and says how cruel I was. I just shook my head moved the cat into the weeds and left. :sad:


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