If a person hits a deer and leave it , I come along and hit it a few minutes later and flp my car , is the other person responab

It likely depends on the practice in your area. Are deer common in the road? Do people normally leave them in the road? The question is what would a reasonably prudent person do under the same circumstances. You also may not be able to prove who hit the deer and left it in the road but may be able to make a claim against your own insurance (uninsured motorist coverage if you have it in your state) for damages from a phantom vehicle. You should contact a local lawyer.

If this motorist is negligent, you can make a claim under your Uninsured motorist coverage, since you probably don't know who he is. If you do know, you can pursue him. HOWEVER- I am unaware of any law that requires a motorist to remove an animal carcass from the road. If he struck the deer and it left the roadway and then stumbled back into traffic for you to hit, I can't fathom there being any liability. As for act of God, He is tough to get service on, and probably judgment proof anyway. Sounds like you had a bad situation- unless there are some facts missing, I don't see much that a lawyer can do for you.

A motor vehicle driver is held to the "highest degree of care." The answer to your question lies in your own responsibility in driving over the crest of a hill in the dark; meaning you can expect a jury to ignore your claim, holding that it was your responsibility to keep a careful lookout. The driver of the other vehicle has no duty to stop and move the deer or warn other drivers. He already hit it; His highest degree of care requires him to avoid hitting another vehicle but does not require him to do anything about the deer. The next question is whether he had a duty to other drivers, to move the deer after he hit it; There are too many unknown facts here. Did he have enough time to turn around? Did he think the deer was pushed off the road by his car? Did he know he even hit a deer? If he know he hit the deer and had time to turn around or stop and move it, could he do so safely without danger to himself. If all this works against him, you may be able to prove he breached a duty to other drivers; However, you will be held partially at fault for failing to keep a careful lookout and failing to drive with the highest degree of care.

I agree that this case is tough. However, I would recommend speaking with an attorney because maybe there are some facts that might help your case. Feel free to contact me if you would like.