[QUOTE] Sometime before 03 Jan 2005, another viewer stated: ... How is the accident the deer's fault? The "didn't have time to move over" statement is a good indicator that the truck driver was either too close, too fast, or not paying attention to the road in front of him.[/QUOTE] Yep. The deer would have done only minor damage, but for the subsequent impact. "Failure to yield to the overtaken vehicle" would seem to describe the trucker's folly, and as soon as anyone says "He didn't have time" then we can invoke "following too closely." "Excessive Speed" and if he argues, we can throw in "Reckless Driving." Suppose the car had had some other problem besides hitting a dear, like, say hitting a large rock, or suffereing an engine siezure. The outcome then would have been no different, and there would have been no deer to blame it on. Al Moore DoD 734