Montana roads run through areas where deer, elk and moose are common. Wildlife crashes can happen on rural roads, especially at dawn, dusk and after dark. If an animal causes a crash, fault and insurance coverage depend on how the collision happened.
Direct strikes with wild animals
A wild animal in the road usually does not make anyone legally responsible for the crash. Liability may arise if another person or entity also helped cause the collision through negligence or another legal reason.
If you hit a wild animal directly:
Comprehensive coverage may pay for damage to your vehicle, depending on your policy and deductible.
Medical payments coverage or health insurance may help pay medical bills for the driver or passengers, depending on the coverage.
Multi-vehicle crashes and swerving
If a driver swerves to avoid wildlife and hits another vehicle, fault may depend on the driver’s actions, traffic conditions and other facts. If a lead vehicle brakes hard to avoid wildlife and another driver rear-ends it, the following driver may face a negligence claim for following too closely, depending on the circumstances.
Livestock and Montana’s open-range rules
Livestock is different from wild animals. Under Montana law, livestock owners generally do not have a duty to keep animals off highways. Their liability for livestock crashes is limited unless an exception applies, such as gross negligence or intentional misconduct.
What to do after a wildlife collision
Take photos of the damage, the animal if possible and the road conditions. If you want to salvage a deer, elk, moose or antelope killed in a vehicle collision, Montana requires a vehicle-killed wildlife salvage permit. You must obtain the permit within 24 hours after you take the animal into your possession.
