Hitting a bald eagle with your vehicle can have serious legal consequences. The bald eagle is the national bird of the United States and is protected under multiple federal laws, including the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. Accidentally hitting one of these iconic birds comes with penalties, even if it was unintentional on the driver’s part.
Immediate Actions to Take
If you accidentally strike a bald eagle with your car, there are several steps you should take right away:
- Stop immediately and secure the area. Prevent any further harm from coming to the bird.
- Document everything you can about the accident. Take photos of the scene, the injured bird, your car, etc. This creates a record of what happened.
- Call emergency services. Report the accident to police and contact wildlife authorities. In most states, the Department of Natural Resources or Fish and Game department handles these incidents.
- Do not touch the eagle or remove it. Allow wildlife officials to retrieve the bird for proper handling.
- Provide your insurance and contact details. You may need to provide a statement later on about what happened.
Taking these steps can demonstrate you are cooperating fully with authorities and help ensure the situation is handled appropriately.
Legal Penalties and Charges
Killing or harming a bald eagle, even accidentally, can potentially result in fines and criminal charges due to the protected status of these birds. Some potential legal consequences include:
- Up to 1 year in jail and $100,000 fine under the Bald and Golden Eagle Protection Act.
- Up to 2 years jail time and $250,000 fine under the Migratory Bird Treaty Act.
- Additional fines at the state level depending on local laws.
- Probation, community service, and revocation of hunting licenses.
- Restitution charges to repay value of the bird and costs of investigation.
In most cases involving an accidental vehicle strike, charges are reduced if it can be demonstrated the driver was not acting irresponsibly and made efforts to minimize harm to the bird. However, legal penalties are still a possibility.
Factors That Influence Legal Consequences
Several factors can impact the specific legal consequences if you accidentally hit and injure or kill a bald eagle with a vehicle:
- Intent. Authorities must determine if the incident was an unavoidable accident or an intentional act. Evidence it was purely accidental can reduce penalties.
- Recklessness. If the driver was behaving recklessly such as speeding excessively, they may face steeper charges.
- Impairment. Being under the influence of alcohol or drugs often elevates charges.
- Location. Hitting a bird in a protected wildlife refuge may lead to additional charges.
- Cooperation. Failure to stop or report the incident or attempts to conceal what happened can increase fines and charges.
- Record. Prior wildlife violations on the driver’s record can increase penalties for repeat offenses.
In general, penalties aim to punish any irresponsible behavior but are mitigated if the death of the eagle appears to be accidental based on an investigation.
The Bald Eagle’s Legal Protection
Bald eagles receive strict protection under federal and state laws due to the bird’s significance as the national symbol of the United States and its threatened status in the past. Important laws include:
Bald and Golden Eagle Protection Act
- Prohibits killing, selling, or otherwise harming eagles, their nests, or eggs.
- Originally passed in 1940 to help preserve dwindling bald eagle populations.
- Violating this act can result in fines up to $100,000, one year imprisonment, or both.
- Law also bans possession of eagle feathers and parts without permits.
Migratory Bird Treaty Act
- Makes it illegal to pursue, hunt, kill, capture, possess, or sell birds listed as migratory birds.
- Passed in 1918 to implement a convention protecting migratory birds between the U.S. and Canada.
- Violations can bring fines up to $15,000 and six months imprisonment.
Endangered Species Act
- Designates bald eagles as a threatened species federally.
- Makes it illegal to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect any threatened animals.
- Fines up to $50,000 and one year in prison for violating the law.
This combination of federal protections aims to preserve bald eagle populations and habitats. State laws may offer additional penalties at the local level.
An Accidental Death is Still Deadly
The most important point to understand is that accidentally hitting a bald eagle with your vehicle still constitutes illegally killing an eagle. Even though it was unintentional, the outcome is still a dead or severely injured national bird.
Therefore, consequences like probation, fines, and license suspension remain possibilities even if it was clearly an accident. You may face less severe punishment than someone who purposefully targeted an eagle, but it is still a serious incident.
The key is being prepared to demonstrate it was truly accidental, not reckless or negligent on the driver’s part, by highlighting factors like:
- Driving at or below the speed limit
- Paying attention to the road
- Not being under the influence of anything
- Taking quick action to minimize harm
Having a clean driving and criminal record helps too. Nevertheless, there is still risk involved when a protected animal is killed, regardless of intent.
How Often Do Eagle-Vehicle Collisions Happen?
Bald eagle populations have recovered significantly across the U.S., reaching over 300,000 birds in the lower 48 states. This comeback has led to more frequent interactions between eagles and vehicles.
Precise data is limited, but some research suggests:
- From 1986 to 1998, at least 75 bald eagles were known to be killed by vehicle strikes nationally.
- Based on carcass examinations, an estimated 100 to 500 eagles are killed yearly by cars.
- Collisions occur most often in winter and spring.
- Younger eagles may be more susceptible than adults.
The rise in eagle-vehicle collisions appears connected to growing bald eagle populations, especially in the Midwest and along coastal areas. As more eagles nest and feed near roads, accidental strikes become more likely.
Why Eagles Are Vulnerable to Cars
Some key reasons bald eagles are vulnerable to being hit by vehicles include:
- Attraction to roadkill for food. Eagles scavenge carrion killed by cars.
- Limited maneuverability during takeoff and landing.
- Trouble detecting oncoming cars when focused on prey.
- Perching and nesting near roads due to habitat loss.
- Soaring at low altitudes during migration and hunting.
Younger eagles’ difficulty spotting cars and weaker flight skills also contribute. But mainly, the increase in cars and eagles across shared habitats escalates the chances of collisions.
Preventing Accidental Eagle Deaths
While rare, bald eagle vehicle strikes undermine conservation efforts for the birds. Some ways to potentially reduce these accidents include:
- Slowing down in areas with eagle populations, especially near waterways.
- Removing roadkill frequently so eagles are not drawn to feed on roads.
- Trimming vegetation near roads to improve visibility for drivers and eagles.
- Installing signs and wildlife crossing guards in collision hot spots.
- Avoiding building roads near key eagle habitat areas when possible.
Driving carefully and adhering to speed limits, particularly from November to April, can give drivers more reaction time if an eagle flies across the road. Being aware of eagles’ habits and needs can help reduce avoidable deaths.
Can You Keep or Sell Eagle Parts From Roadkill?
It is illegal for private citizens to keep or sell bald eagle parts, including feathers, claws, and other remains. The Bald and Golden Eagle Protection Act prohibits possessing any eagle parts, and the Migratory Bird Treaty Act bans selling migratory birds or their parts.
There are a few exceptions. Native Americans may obtain permits under the Eagle Act to possess certain feathers and parts for religious use. Otherwise, the law requires turning over any eagle remains to federal officials after collisions.
Getting Legal Help if You Hit a Bald Eagle
Hitting a protected animal like a bald eagle can be stressful even if it was clearly accidental. Having qualified legal help can be important to ensure your rights are protected.
If cited for violating wildlife protection laws after accidentally striking an eagle, consider taking these steps:
- Politely decline to answer questions until you can speak to a lawyer.
- Do not automatically plead guilty without exploring your options.
- Hire an experienced attorney to represent your case.
- Follow their counsel for responding to charges and negotiating penalties.
With an attorney’s assistance, you may be able to get charges reduced or avoided altogether if the evidence shows it was unintended. Having strong legal guidance can help get the best outcome under difficult circumstances.
Insurance Coverage for Eagle Collisions
Standard auto insurance policies typically provide some liability coverage in case you cause damage or injury to someone else. However, they generally do not cover damage to your own car from an animal collision.
You may need to add comprehensive or collision coverage to handle vehicle repairs from striking an eagle. Even then, your deductible may exceed the cost of minor repairs in some cases.
Insurance policies do not pay your legal fines or penalties either. But again, having an attorney may help minimize any civil damages or restitution you must pay if the incident was clearly accidental.
Conclusion
Hitting a bald eagle with your car has serious legal ramifications, even if accidental. Harassing or killing eagles violates multiple federal laws due to their protected status. Penalties can include large fines and jail time in extreme cases.
However, for purely accidental vehicle strikes, the punishment is normally less severe, particularly for drivers with clean records who take quick action to help the bird and report the incident. Having a lawyer’s guidance can be invaluable for dealing with the aftermath of a collision involving this iconic protected species.
While still rare, eagle-vehicle impacts may increase as bald eagle populations continue rebounding. Drivers should stay alert, obey speed limits, and avoid known eagle areas to help reduce this threat. Taking care and using good judgment on the road can help protect both human safety and America’s majestic national symbol.
