What to Do If You Hit a Deer in Montana (and When to Call)

If you hit a deer in Montana, it usually plays out on a stretch of road you’ve driven a hundred times, like Highway 93 south of Arlee, or Highway 200 out toward the east. You’re on a dark road and the headlights catch a pair of eyes just a half-second too late. There’s no time to think, you feel a thud, and then you’re sitting on the shoulder with a racing heart and no idea what to do next. Read on to find out what to do if you hit a deer while traveling in Montana…

Montana drivers hit more deer than almost anyone in the country. State Farm puts the odds of an animal collision here at 1 in 53, second only to West Virginia. That’s not a rural-backroad problem you can drive around; it’s a Tuesday night-commute problem.

First, What to Actually Do at the Scene

If you hit a deer or other wildlife on the road in Montana, pull off the road, turn on your hazard lights, call 911, and photograph everything before the scene clears. Stay away from the animal. A deer crash is covered under the comprehensive part of your auto policy. In rare circumstances you may have a personal injury claim to pursue, if another driver is negligent in evading the animal and crashes into your vehicle, or does not take precautions to clear the driving lane or provide timely and appropriate notice of a road blockage caused by their collision with wildlife.

A disabled vehicle in a driving lane on a dark highway is how the second, likely worse crash can happen. A big question people ask is if they should call the police. In Montana you are only legally required to report a crash if someone is hurt or the property damage appears to be $1,000 or more. Many times the damage level is going to be below that threshold, however you can and perhaps should call the non-emergency line anyway. A documented report can make your insurance claim process smoother, and it gives you a record if injuries surface later.

Do not go near the deer or elk. These are incredibly resilient creatures with a strong will to survive. A wounded animal that looks dead can come up swinging, and a set of hooves will put you in the hospital faster than the collision did. The Insurance Information Institute makes the same point every fall, because unfortunately people learn this lesson the hard way.

After you have moved yourself and the vehicle (if possible) to safety, document what you can. Good material to collect is photos of the road, the damage, the skid marks, the deer, and anything around you that explains what happened. If another driver stopped or was involved, get their information the same way you would after any collision.

Consult our full checklist in our guide on the steps to take after a crash. The short version is simple: this is the evidence that matters later, and it disappears the moment the tow truck shows up.

In Montana, hitting a deer is unfortunately a common occurrence. If this develops into a case, what you do in the ten minutes following the incident is what separates a claim that pays from one that doesn’t.

You Can’t Sue a Deer, So Where’s the Case?

You can’t sue the deer, and there’s no owner to sue either. A wild animal running across the highway is nobody’s fault. So a lot of drivers who hit a deer in Montana assume there’s no legal question at all, file with their insurer, and move on.

When would a Montana auto accident attorney get involved?

One of the most common situations is when a driver swerves to avoid hitting an animal on the highway. They cut the wheel to miss a deer and clip another car, or perhaps a driver was following too closely and rear-ended you when you braked. When there are two vehicles and two drivers involved, Montana’s fault rules kick in. The state uses modified comparative negligence under § 27-1-702, which means fault gets split by percentage of wrongdoing. You can still recover damages as long as you’re not more than 50% to blame.

What if you get hit by an uninsured driver, or worse, they take off after the accident? Every Montana auto policy includes uninsured motorist coverage (unless you rejected it in writing, which is uncommon) to provide relief. Sometimes people worry that their premium will increase if they file a claim to use their uninsured motorist policy, however in Montana, if you weren’t at fault, it’s an act of bad faith for an insurer to raise your rate for filing a claim. There’s no reason to sit on coverage you already paid for.

How long do you have to file a personal injury lawsuit after an accident? Montana gives you three years from the date of the wreck to file a personal injury lawsuit. While that may sound like a long time, it’s best not to wait, especially if you are receiving medical treatment. Deadlines sneak up on you sooner than expected, and we want to put together the best case possible for you while information is still fresh.

The Injury Question Most People Miss

A deer through the windshield at highway speed is not a fender bender. We’ve seen neck and back injuries, facial lacerations and concussions from these crashes. An adrenaline rush may mask the pain immediately after an accident, however the next morning it could be apparent that you are injured.

This is where medical payments coverage, or “med pay,” earns its keep. This is optional coverage that pays your medical bills after a crash no matter who was at fault. A lot of Montana drivers carry it without realizing how it can help them. If you paid the premium, consider using this benefit.

According to the Insurance Information Institute, deer collisions across the country send tens of thousands of people to the hospital every year. October through December is when the most deer collisions occur, however you should stay alert all year long.

The mistake we see most often is when a driver settles the vehicle claim fast, signs a release, and only later realizes that their injury isn’t going to heal on its own. Unfortunately, once you’ve signed, the door to filing a personal injury claim in Montana is usually closed, and you are solely responsible for the financial burden of paying for your own healthcare. Slow down before you sign anything and consult a personal injury lawyer.

When to Handle It Yourself, and When to Call a Lawyer

Handle it with your insurer when:

• The only damage is to your vehicle and no one was hurt.
• No other driver was involved in the crash.
• Your comprehensive coverage is clearly enough to cover the repair.

If you struck a single deer, walked away fine, and your bumper is the only casualty, this is a comprehensive claim and not a legal matter. File the claim, get your car fixed, move on.

Call an attorney when:

• Another vehicle was involved, whether you swerved into them or they hit you.
• You or another person were injured, even if it didn’t seem serious at first.
• The other driver left the scene, was uninsured, or is disputing what happened.

That last group is where people often lose money they are potentially owed. The insurance companies know Montana’s fault rules better than most individuals, and it is in their financial interest to place blame on others. A lawyer knows these rules inside and out and applies that knowledge to help their clients get the best representation possible.

A Few Things Worth Knowing About Deer On The Roadways

Fall is the most dangerous time because of deer mating and hunting season, when the animals move more and may be thinking less.

• Slow down at dawn and dusk. Deer travel most in low light, right when you can see them least. On Highway 93, Highway 200, and the canyon roads around Missoula, ease off the gas pedal after sunset and stay alert.
• If you see one, expect more. Deer travel in groups. A good rule of thumb is that if you see one deer, there are likely others nearby.
• Don’t swerve if you can help it. Braking hard in your lane is safer than cutting into oncoming traffic or a ditch. Many of the serious injuries in these crashes come from the swerve, not the deer.
• Know your coverage before you need it. Pull your policy and check whether you carry med pay and uninsured motorist coverage. Five minutes now beats a nasty surprise later.

Ready to Find Out If Your Deer Crash Is Actually a Case?

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