Can I Bring a Personal Injury Claim After a Car Accident With a Deer in Mid-Missouri?

About the Author



Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career resulting in tens of millions of dollars in compensation recovered. EC has handled hundreds of car accident personal injury claims, with countless factual scenarios surrounding these accidents. Follow EC Duckworth on LinkedIn.

What Are Your Compensation Options in Missouri When a Car Collision Involves a Deer?

When the leaves begin to fall across mid-Missouri, whitetail deer activity begins to increase as well. This increased movement is due in large part to what’s referred to as “the rut”, an annual breeding season for deer in which bucks become more active and aggressive in their search for a mate. Further, as the temperatures across mid-Missouri begin to dip, deer also become more active in an effort to find more food and to stay warm to maintain their body temperature.

This increased deer activity leads to an increase in deer movement across roadways, which inevitably leads to an increase in motor vehicle collisions with and/or involving deer.  In fact, in 2024 alone, the Missouri State Highway Patrol reported 2,951 deer related crashes, which caused 420 injured motorists and 4 fatalities. Deer related crashes have again been an issue this fall, and just recently, an Eldon, Missouri, man was seriously injured after hitting a deer while on his motorcycle in Cole County, Missouri. Across the country at large, it’s estimated deer collisions result in over $1 billion of vehicle damage each year. 

So, if you find yourself seriously injured (or if a loved one is killed) as a result of a car or motorcycle accident involving a deer, is there any way to pursue a personal injury claim? Simply put, if the negligence of another person and/or entity contributed to cause the crash, then there may be a cognizable personal injury claim. 

Who can I Bring a Personal Injury Claim Against in a Deer-Related Car Crash?

While you certainly will not be able to pursue a claim against the deer for causing the crash, you may have a personal injury claim against the following:

The operator of your vehicle

If you are a passenger in a vehicle that crashes due to a deer being in the roadway, you may have a viable personal injury claim against the driver of your vehicle. Missouri law requires all drivers to operate their motor vehicle at the highest degree of care, to drive in a careful and prudent manner, and at a rate of speed so as not to endanger another. See RSMo. § 304.012. 

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If the driver of your vehicle contributes to cause the crash, or increases the severity of the crash, due to their actions/inactions in responding to the deer, you likely have a negligence claim against them. With crashes involving deer, this often involves a driver traveling too fast for the conditions, failing to keep a careful lookout for the deer, failing to take evasive action (such as stopping in time) to avoid the deer, or by swerving off the roadway and/or overcorrecting in an attempt to avoid the deer. 

The operator of another vehicle involved in the crash

From time to time, a deer crossing the roadway may cause a driver to veer into oncoming traffic in an effort to avoid hitting the deer. If in doing so, that driver crashes into another vehicle, or causes another vehicle to have to swerve off the roadway, that driver is likely responsible for the other vehicle’s damages. 

Or, if a vehicle is forced to come to a stop due to a deer being in the roadway, and the driver of another vehicle rearends that vehicle, the driver who rearended the other vehicle will likely be responsible for the other vehicle’s damages. 

What Insurance Coverage is Applicable in a Car Crash Caused by a Deer?

Liability Coverage

If another driver is responsible for contributing to cause the crash, then their automobile liability insurance coverage will be responsible for paying your vehicle damage and personal injury claim.

Comprehensive Coverage

If no other vehicle is involved in the accident and your vehicle simply collides with a deer in the roadway, comprehensive coverage will likely apply. Comprehensive coverage will pay for the damage to your vehicle (minus your deductible), but it will not cover your medical bills, pain and suffering, etc. 

Collision Coverage

Depending on the language of your particular auto insurance policy, collision coverage may apply to a collision involving a deer. Most often, collision coverage applies when you do not hit the deer with your car, but you collide with another vehicle or object off the roadway.

Medical Payments Coverage

Medical payments coverage is no-fault insurance which covers medical expenses resulting from a car accident. This coverage is optional in Missouri, but it would apply to injuries/treatment resulting to you or your passengers involved in a car crash with a deer. 

When Are Car Crashes with Deer Most Common? 

Motor vehicle crashes involving deer are most common from October through December in mid-Missouri. This often corresponds with Missouri’s deer hunting season, whereby deer are more active during “the rut” and when temperatures drop.

As for time of day, the majority of collisions occur from dusk to dawn. Further, the most serious crashes often involve high speed rural roads where deer are densely populated. 

What Can I do to Avoid Being involved in a Car Accident with a Deer? 

The best way to avoid a deer-related car accident is to stay alert and vigilant—especially during deer season, early mornings, and late evenings.

Try to anticipate that a deer may suddenly appear when traveling on a rural road. Travel at a reasonable speed, use your high beam headlights, and always wear your seatbelt. If a deer does appear in the roadway, firmly apply your brakes and avoid swerving. Swerving can cause your vehicle to travel off the roadway, into the path of oncoming traffic, or into the deer itself. If you encounter one deer in the roadway, proceed slowly and cautiously as there are often others present as well. 

Contact EC Duckworth & Speak With a Personal Injury Attorney After a Car Crash in Mid-Missouri 

If you or a loved one has been involved in a serious injury or death accident as a result of a collision with a deer, it’s important to understand your legal rights. While not every motor vehicle accident involving a deer will result in a viable personal injury or wrongful death claim, many do. 

Whether you are a passenger on a motorcycle that strikes a deer on MO F Highway near Fulton, MO in Callaway County, or the driver of a car that is struck by another car that tried to swerve to miss a deer on Highway D near Osage Beach, MO in Camden County, Duckworth Injury Law is here for you. 

Personal injury lawyer EC Duckworth is experienced in handling all sorts of car accidents, motorcycle accidents, and truck accidents, including those involving deer in the roadway. Among those accidents, Attorney Duckworth successfully resolved an uninsured motorist claim involving the wrongful death of a man involved in a car accident while riding as a passenger in a truck that swerved off the road due to a deer in the roadway.   

Call us today for a free consultation regarding the merits of your motor vehicle deer accident personal injury claim.