Motor Vehicle Collisions with Wildlife
WHAT IS MAINE’S LAW ON MOTOR VEHICLE COLLISIONS WITH WILDLIFE
12 MRS §12403(1) states “The State is not liable for any claims for damages to a motor vehicle by a wild animal or wild bird.”
12 MRS §12403(2) states, “This subsection applies to accidental collisions involving deer, moose, bear or wild turkey.” Subsection A states “The operator or owner having knowledge of a motor vehicle that has been involved in an accidental collision with a deer, moose, bear or wild turkey shall, by the quickest means, report the accident to a law enforcement officer.” Subsection B states, in part, “the officer shall investigate … and if the officer finds that the motor vehicle has sustained apparent damage as the result of the collision, shall give a certificate that entitles the person to the ownership of the carcass. The person may then take possession and immediately remove the entire carcass from the scene of the collision.” Subsection C states, in part, “A person entitled to ownership … may not take possession of or remove any portion of the carcass without taking possession or of removing the entire carcass from the scene of the collision.”
12 MRS §12403(3) addresses penalties applying to “violations of this section” including “A person who fails to report an accident … or who removes a portion of a carcass.”
The Maine Department of Transportation’s webpage Wildlife Safety provides tips and information on avoiding collisions with wildlife.12 MRS §11215 addresses “Use of motorized vehicle to kill, injure or molest wild animals or wild birds." Subsection 1 states "A person may not intentionally kill, injure or molest a wild animal or wild bird with a: (A) Motor vehicle; (B) Motorboat or; (C) Aircraft." Subsection 2 states "A person who violates subsection 1 commits a Class E crime.
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