Animal Collisions on Montana Highways: A Serious and Common Risk
Montana ranks among the top states in the nation for wildlife-vehicle collisions. The Flathead Valley — surrounded by national forests, Glacier National Park, and abundant wildlife habitat — sees hundreds of animal-vehicle collisions every year. White-tailed deer, mule deer, elk, moose, black bears, and even grizzly bears regularly cross highways in the Kalispell, Whitefish, Columbia Falls, and Bigfork areas.
These collisions cause serious injuries, vehicle totals, and in the worst cases, fatalities. At Cannon Breck Law, we help Montana drivers navigate the insurance and legal issues that follow wildlife collisions.
The Scale of the Problem
Montana consistently ranks in the top 5 states for the likelihood of hitting an animal while driving. State Farm estimates that Montana drivers have a roughly 1 in 48 chance of an animal collision annually — far above the national average. Peak season runs from October through December (mating season and hunting-driven migration), with secondary peaks in spring when animals move to lower elevations.
Highway 93 through the Flathead Valley, Highway 2 near Glacier Park, and Highway 35 along Flathead Lake are particularly high-risk corridors.
Insurance Coverage for Animal Collisions
When you hit an animal, the coverage that applies depends on your insurance policy:
Comprehensive Coverage (Not Collision)
Hitting an animal is covered under your comprehensive coverage, not your collision coverage. This is an important distinction because:
- Comprehensive coverage typically has a lower deductible than collision coverage
- Comprehensive claims generally do not increase your premium the way at-fault collision claims do
- If you only carry liability insurance (the legal minimum), you have no coverage for animal collision damage to your own vehicle
What Comprehensive Covers
- Damage to your vehicle from hitting an animal
- Total loss replacement if the vehicle is totaled
- Towing costs
- Rental car reimbursement (if you have that coverage)
What It Does NOT Cover
- Your medical expenses (those go through your health insurance, MedPay, or PIP if you have it)
- Damage from swerving to avoid an animal and hitting another object (this may be classified as a collision claim, not comprehensive)
Swerving to Avoid an Animal: A Dangerous Choice
One of the most dangerous decisions a Montana driver can make is swerving to avoid an animal. The instinct is natural, but the consequences can be catastrophic:
- Head-on collisions with oncoming traffic — Often fatal at highway speeds
- Rollover accidents — Especially on Montana’s shoulderless rural roads
- Collisions with trees, guardrails, or embankments
- Multi-vehicle chain-reaction crashes
From an insurance perspective, if you swerve to avoid an animal and hit another vehicle or object, this is typically classified as a collision claim (not comprehensive), which means a higher deductible and potential premium increase. And if your swerve causes an accident injuring others, you may be found partially or fully liable for their injuries.
When Another Driver Is Liable
While you can’t sue the animal, liability may exist in several scenarios:
- Livestock on the road — Montana is an open range state in most areas, meaning livestock have the right-of-way on unfenced public roads. However, livestock owners can be liable if they negligently allow animals onto fenced highways (highways with a legal fence requirement) or if they violate specific local ordinances
- Domestic animals — Dog owners can be liable under Montana’s strict liability statute (MCA § 27-1-108) if their animal causes an accident
- Government liability — In limited circumstances, the state or county may be liable for failing to install wildlife crossing signs, fencing, or overpasses in known high-collision areas. These claims are difficult due to sovereign immunity but not impossible
- Another driver’s negligence — If another driver’s actions (tailgating, improper lane change) contributed to the animal collision or made it worse, they may share liability
Montana’s Open Range Laws
Montana’s open range laws (MCA § 81-4-201 et seq.) are critically important for understanding livestock-vehicle collisions. In open range areas (which cover much of rural Montana, including parts of Flathead County), livestock owners are generally not liable when their animals wander onto public roads. The responsibility falls on drivers to watch for livestock.
However, this rule has exceptions:
- If the road is legally fenced (a “herd district”), the livestock owner may be liable for animals on the road
- If the owner intentionally drove animals onto the road or was negligent in managing them
- If a local ordinance or regulation imposes specific requirements on livestock owners
Reducing Your Risk
- Be especially alert at dawn and dusk — peak movement times for deer and elk
- Watch for wildlife crossing signs and reduce speed in marked areas
- Use high beams when there is no oncoming traffic — they increase your visibility of animals on or near the road
- If you see one deer, expect more — they rarely travel alone
- If a collision is unavoidable, brake firmly but do NOT swerve — hitting the animal is almost always safer than the alternatives
- Report all animal collisions to law enforcement and your insurer promptly
Contact Cannon Breck Law
If you’ve been injured in an animal collision on Montana roads — whether due to wildlife, livestock, or another driver’s negligence — the personal injury attorneys at Cannon Breck Law can help you understand your insurance options and pursue all available compensation. We serve clients throughout Kalispell, Whitefish, Columbia Falls, and all of northwestern Montana.
Contact us today for a free consultation.
