Wildlife-vehicle collision liability in Europe: a review of existing approaches and their implications

Abstract

We present an overview of wildlife-vehicle collision (WVC) liability covering 36 European countries. We reviewed approaches to WVC liability which are currently in effect across Europe and their potential consequences for WVC reporting. To obtain relevant information, we conducted a survey, including a web-based questionnaire. We retrieved answers to questions related to human fatalities from WVC, the existence of WVC databases, roadkill data systems and recommendation for drivers in the event of WVC. In 19 countries, no one is liable when a motorized vehicle collides with a wild animal. In the remaining countries, road managers or road owners may be liable as well as drivers or hunters, either consistently or under certain conditions. Liability can, in some countries, be changed after a legal assessment. Human fatalities due to WVCs have been reported in 27 countries, with approximately 90 deaths annually across European roads. The number of injured people and estimates of socio-economic losses were not possible to obtain at a European level as many countries lack reliable databases. We discuss how existing WVC liability across countries provoke some actors to transfer liability to another actor or avoid reporting these incidents altogether. WVC underreporting in certain national databases is one of the consequences of the existing WVC liability rules in the given countries. This fact reduces the potential to identify hotspots and define appropriate mitigation measures. In conclusion, we propose several procedures for modifying WVC liability that could enhance wildlife protection and road safety.