With abundant deer, elk, and other wildlife, Montana sees a high rate of animal-vehicle collisions, especially at dawn, dusk, and during migration and rut seasons. These crashes can cause severe injuries.
A Serious Montana Road Hazard
Montana consistently ranks among the states with the highest likelihood of animal-vehicle collisions. Striking a large animal like an elk or deer at highway speed can total a vehicle and cause serious injuries — or lead to a worse crash when a driver swerves to avoid the animal.
Rural highways at dawn and dusk, and seasonal peaks in fall and spring, present the greatest risk.
Liability in Animal-Vehicle Crashes
When a driver strikes a wild animal, there's often no human party at fault, and the loss may be handled through the driver's own collision and medical coverage. But liability can arise in related scenarios — for example, when a driver swerves into another vehicle, follows too closely to stop, or when livestock escape onto a roadway through an owner's negligence.
These distinctions matter for determining whether and against whom a claim exists.
Livestock on the Road
Montana has open-range areas and extensive ranching, and collisions with domestic livestock — cattle or horses on the road — raise different legal questions than wild-animal crashes. Whether a livestock owner is liable can depend on local fencing and open-range rules and on whether the owner was negligent in containing the animals.
These cases are fact-specific, and the applicable rules vary by location.
Reducing Your Risk
Slow down in wildlife areas, especially at dawn and dusk; watch for crossing signs and roadside eyeshine; use high beams when possible; and don't swerve violently for small animals, which can cause a worse crash. Staying alert during migration seasons is key.
If a collision is unavoidable, braking firmly while keeping control is generally safer than a sharp swerve.
After a Collision
If you're injured in a crash involving an animal — or a vehicle that swerved to avoid one — your own coverage and possibly another party's may apply. A free review can sort out your options.
Call 973-566-5599 after a Montana wildlife-related crash for a free case review.
Frequently Asked Questions
Often your own collision and medical coverage, since there may be no at-fault human party. But if another driver's conduct contributed, a claim against them may exist.
It depends on local open-range and fencing rules and whether the owner was negligent in containing the animals. These cases are fact-specific.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Montana attorney. Injury Claim Team is a legal referral and lead-generation service, not a law firm.