Deer and Elk Collisions in Montana: Who Pays When Another Vehicle Is Involved?
Montana ranks second in the nation for the odds of hitting a deer this year, behind only West Virginia, with State Farm putting the chances at roughly 1 in 53.
Fall makes it worse. October, November, and December bring the rut, hunting season, and shorter days, and that combination pushes deer and elk onto Montana highways right when visibility drops.
The tricky part starts once a second vehicle gets pulled into the wreck. An animal does not decide who pays for the damage. Montana law looks at what each driver did in the seconds before impact, whether that means swerving into another lane, slamming the brakes, or following too closely.
At Doubek, Pyfer & Storrar, PLLP, our Montana car accident attorneys help drivers sort out fault after a wildlife-related crash involving another vehicle. Call us at 406-442-7830 or fill out our confidential contact form to talk about what happened.
When Swerving Causes a Second Crash
The instinct to swerve around a deer or elk is hard to fight, but it can turn one accident into two. If you jerk the wheel and cross into oncoming traffic or clip a car in the next lane, you may share some of the blame for that second impact.
Montana courts still look at the full picture, though. Was the other driver speeding? Following too close for the weather? Distracted by a phone?
A Montana car accident lawyer can pull the police report, interview witnesses, and reconstruct how the crash actually happened, because the driver who swerved is rarely the only one whose choices mattered.
Rear-End Crashes After a Sudden Stop for Wildlife
Braking hard for a deer standing in the road is a normal reaction, and the driver behind you is expected to leave enough space to stop too. Montana generally treats a rear-end collision as evidence that the trailing driver was following too closely or not paying attention.
That presumption is not automatic, though. If you slammed on the brakes without warning for no clear reason, or your brake lights were out, some of the fault can shift back to you.
Multi-Vehicle Pileups on Highways Like US 191 and I-90
Wildlife-related pileups happen most often on rural, high-speed corridors.
Gallatin Canyon along US 191 and stretches of I-90 near Butte and Bozeman are known trouble spots where a single animal in the road can set off a chain reaction involving three or four cars.
Montana follows a modified comparative negligence rule under Mont. Code Ann. § 27-1-702, which means every driver’s share of fault gets calculated separately. You can still recover damages as long as your fault is 50% or less, though your payout is reduced by your own percentage of blame.
Your Own Insurance Coverage Matters Here
Comprehensive coverage pays for damage from hitting an animal directly, no matter who else is involved. Collision coverage applies once your car strikes another vehicle, regardless of fault. If the driver who caused the pileup does not carry enough liability insurance, which Montana requires, your own underinsured motorist coverage may need to fill the gap.
A car accident attorney can review your policy limits and the other driver’s coverage before you sign anything an adjuster sends over.
Passengers Usually Have the Clearest Path to Compensation
If you were riding along when a wildlife crash turned into a multi-car wreck, you likely were not behind the wheel of any vehicle involved, which means Montana’s comparative negligence rules rarely reduce your claim. Injured passengers can generally pursue a claim against any driver whose negligence contributed to the wreck, including the driver of the car they were riding in.
What to Do at the Scene
- Call 911 or the Montana Highway Patrol, especially if anyone is hurt or a vehicle is blocking the road.
- Photograph all vehicles, the road, skid marks, and the animal if it is visible.
- Exchange insurance and contact information with every driver involved.
- Apply for a Vehicle-Killed Wildlife Salvage Permit within 24 hours through Montana Fish, Wildlife and Parks if you want to keep the animal.
- Notify your insurer and speak with a car accident lawyer before giving a recorded statement.
Contact Our Montana Car Accident Law Firm
Fall in Montana means deer and elk on the move, and a split-second swerve can turn one animal strike into a three-car accident.
As a car accident law firm built in Helena since 1978, we have watched what a moment of panic behind the wheel can do to two or three families at once, and we have also watched insurers try to pin all the blame on whoever swerved first. Our car accident law firm knows how Montana’s comparative negligence rules actually play out in these cases.
If a deer, elk, or another driver’s reaction to one left you hurt this fall, the team at Doubek, Pyfer & Storrar, PLLP is ready to review what happened. Call us at 406-442-7830 or fill out our confidential contact form to schedule a free consultation.
