What happens if you swerve to avoid hitting a moose but hit another car?
Let's say I am driving at night 5 miles above the legal limit (lets say i am going 55 mph) and a moose appears in the middle of the road. I apply my breaks but realize I will not stop in time so I swerve into the other lane and hit a car. Let's say everyone survives but there are injuries. Who would be at fault?
At separate but related question: when should you break, swerve, or collide with an animal to avoid liability? I have heard it is better to kill a bunny than to swerve and risk a human life in the eyes of the law, but would breaking and potentially causing an accident be a better compromise? And for larger animals?