Deer Collision Liability Laws in Missouri: Who Pays, Who’s at Fault, and What You Must Do

Hitting a deer in Missouri is rarely anyone’s legal fault, yet it can still cost you thousands of dollars. Deer collision liability laws in Missouri mostly come down to three questions: whose insurance pays, whether another driver’s negligence played a part, and what you are required to do at the scene.

According to Missouri State Highway Patrol figures reported by MoDOT, deer were involved in 2,952 Missouri crashes in 2024. October and November are the peak months, especially around dawn and dusk. With the fall rut under way, this is the right time to know where you stand.

This article walks through fault, insurance, swerving, leaving the scene, reporting, salvage rights, lawsuits against the government, and filing deadlines. It is written for Missouri drivers, so the examples reflect Missouri roads, agencies, and permits.

Who Is Liable When You Hit a Deer in Missouri

In most cases, nobody is legally liable. A wild deer has no owner, so there is no one to bill for your repairs. The white-tailed deer (Odocoileus virginianus) is, according to the Missouri Department of Conservation, common throughout Missouri, and the state classifies it as a game animal rather than someone’s property.

That means you usually pay for your own damage through your own policy. Liability only enters the picture when a person’s negligence helped cause the crash. Missouri law requires all drivers to operate at the highest degree of care and at a speed that does not endanger others.

Here are the situations where someone other than you may be responsible:

• A driver following too closely. If you stop because of a deer and another driver rear-ends you, that driver will likely be responsible for your damages.
• A driver who swerves into you. A driver who crashes into another vehicle while reacting to a deer is likely responsible for that vehicle’s damages.
• The driver of your own vehicle. If you were a passenger, you may have a claim against the driver when speed, inattention, or overcorrection made the crash worse, according to Duckworth Injury Law.

Missouri divides fault by percentage. Your coverage, the circumstances of the crash, and Missouri’s comparative fault laws all determine who pays for what, as described by Beck & Beck. If a jury assigns you part of the blame, your recovery from another driver shrinks by that share.

Owned animals are a different matter. A loose dog or a cow on the road can create liability for its owner, which is covered in our guides to leash laws in Missouri and dog bite laws in Missouri.

Does Car Insurance Cover Deer Collisions in Missouri

Yes, but only if you carry the right coverage. The Missouri Department of Insurance says damage from an animal collision falls under optional comprehensive coverage, and a policy with only collision or liability will not pay. Missouri does not require comprehensive coverage, though a lender usually will if you finance or lease.

The coverage that applies depends on what your car actually hit:

Scenario	Coverage That Applies	What It Pays For
Direct impact with the deer	Comprehensive	Repairs to your vehicle, minus your deductible
Swerve into a tree, guardrail, or ditch	Collision	Damage from hitting the object
Swerve into another vehicle	Collision plus liability	Your damage plus the other party’s costs if you are at fault
Injuries to you or passengers	MedPay or health insurance	Medical bills, regardless of fault

The first three rows follow the breakdown from Beck & Beck’s Missouri deer collision guide. Comprehensive pays for vehicle damage but will not cover medical bills or pain and suffering, so injuries need a separate source of payment.

Pro Tip: Check your declarations page before deer season peaks. If it lists no comprehensive coverage, you would pay for a deer strike out of pocket, and adding it now costs far less than one repair bill.

Expect to pay your deductible first. After that, your insurer covers the claim up to your policy limits. Rental car and towing coverage depend on the options you added to your policy.

Who Is at Fault If You Swerve to Avoid a Deer in Missouri

Swerving is where deer crashes turn into fault disputes. If you hit nothing but open shoulder, no one is at fault. If you hit a car, a utility pole, or a pedestrian, the question becomes whether a reasonably careful driver would have done the same thing.

The Missouri Department of Insurance advises against it. If you are about to hit a deer, grip the wheel, brake, and stop, and avoid swerving if you cannot avoid the collision, because swerving can cause you to lose control, hit a tree, or veer into oncoming traffic. This advice appears on the Missouri Department of Insurance website.

Courts generally recognize that a driver facing a sudden hazard has little time to think. Even so, Duckworth Injury Law notes that fault can attach when a driver swerves off the road or overcorrects. The outcome depends on speed, visibility, and whether other cars were nearby.

Consider three common outcomes:

1. You swerve into a tree. No other party is involved, so your collision coverage handles the repair, and you pay the collision deductible.
2. You swerve into an oncoming car. The other driver’s insurer will likely look to your liability coverage, and you may share fault if the swerve was unreasonable.
3. You brake hard and a driver behind you hits you. The trailing driver is usually at fault for following too closely.

Is It Illegal to Hit a Deer and Drive Off in Missouri

It is not a crime simply because the animal was a wild deer, but driving off is still a bad idea. Missouri’s leaving-the-scene law is triggered by injury to a person or damage to someone else’s property. A wild deer is not anyone’s property, so a clean strike with no one else involved generally does not trigger it.

The picture changes fast if anything else is involved. A guardrail, a mailbox, a fence, or another vehicle counts as property of another. Leaving without reporting damage to property like a fence, guardrail, or parked car could lead to criminal charges or higher premiums, according to Beck & Beck’s single-vehicle crash guide.

Hitting a pet or livestock is different from hitting a deer, because an owner exists. If you strike a dog, cat, or farm animal, stop and try to locate the owner. Our overview of pet laws in Missouri explains owner responsibilities.

Important Note: Even when no law requires you to stay, an injured driver or passenger may not realize they are hurt for hours. Leaving also hands an insurer a reason to question your claim, so treat staying put as the default.

Deer Collision Reporting Requirements in Missouri

Missouri’s crash-reporting rules depend on injury, death, and the amount of property damage. A deer strike that injures anyone should always be reported to law enforcement. A strike with serious damage to your car warrants a call as well, since a police report supports your insurance claim.

Call 911 if the animal or your vehicle is blocking traffic. The Department of Insurance advises alerting authorities if you cannot move your car or a carcass is blocking the road. Stay out of the lane and stay away from the animal, because a frightened or wounded animal can lash out and hurt you.

Cleanup falls to MoDOT only in certain cases. Crews pick up dead deer that pose a safety hazard in the driving or passing lane or on the shoulder, and they remove shoulder deer during normal working hours. MoDOT does not pick up deer that are off the roadway unless they block mail delivery or sit in a neighborhood. The details are in MoDOT’s deer safety release.

For your insurer, build the paper trail right away:

• Photograph the vehicle, the road, and any carcass from a safe spot.
• Keep receipts for towing, storage, and emergency repairs.
• Get the report number from any responding officer.
• Notify your insurer promptly, since most policies set their own notice deadlines.

If the deer is injured but alive, do not approach it. Wounded deer and stray dogs are both hazards. Our guide to feral dog laws in Missouri covers who to call when other loose animals are involved.

Can You Keep or Salvage a Deer You Hit in Missouri

Yes, with permission. Missouri law lets a person who struck and killed a deer keep the carcass if a Missouri Department of Conservation agent grants written authorization, and the Wildlife Dispensation permit is free. You cannot simply load a dead deer into your truck and leave.

Timing matters. Several roadkill roundups report that you must contact a conservation agent within 24 hours of collection for authorization. Those summaries are older, so call your county conservation agent to confirm the current process before you act.

Here is the usual sequence:

1. Make sure the deer is actually dead and the roadside is safe.
2. Contact the local conservation agent, the sheriff’s office, or the responding officer.
3. Obtain the written authorization before transporting the animal.
4. Keep the paperwork with the carcass until it is processed.

Hunters often ask whether the antlers and meat are treated differently. The permit covers possession of the deer, so ask the agent about the rack at the same time. Our Missouri roadkill laws guide goes deeper on penalties for taking an animal without approval.

Can You Sue the State or Local Government Over a Deer Collision in Missouri

Rarely, and winning is harder still. Missouri’s sovereign immunity statute shields the state and local public entities from most lawsuits. The legislature waived that protection only for narrow cases, such as injuries from a public employee’s operation of a motor vehicle and injuries from a dangerous condition of public property.

A deer crossing a highway is not a defect in the road. MoDOT also states that it does not have specialized crews assigned to remove dead animals, so a plaintiff cannot easily argue the agency neglected a duty it never took on. A claim becomes more plausible if a physical defect, such as a missing guardrail or a damaged fence the government maintained, contributed to the crash.

If you think a claim exists, act quickly. Some cities and counties set short written-notice deadlines before you can sue. Those deadlines can be far shorter than the general filing period covered in the next section.

Important Note: Sovereign immunity cases turn on narrow statutory exceptions. Talk to a Missouri personal injury attorney before assuming you can or cannot sue a public entity.

Time Limits for Deer Collision Injury Claims in Missouri

Missouri generally gives you five years to file a lawsuit for personal injury and property damage from a car crash. That period runs from the date of the collision under RSMo 516.120. Wrongful death claims have a shorter window of three years under RSMo 537.100.

Do not confuse the lawsuit deadline with your insurance deadlines. Policies require prompt notice of a loss, and a late report can give an insurer grounds to dispute coverage. File your comprehensive claim within days, not years.

Type of Deadline	Typical Timing	Why It Matters
Report to your insurer	As soon as possible, per policy terms	Late notice can jeopardize coverage
Written notice to a public entity	Varies by city or county	Missing it can bar a claim
Lawsuit for injury or property damage	Five years in most cases	Courts dismiss late filings
Wrongful death lawsuit	Three years	Shorter than the general period

The statute citations above reflect my understanding of Missouri law and were not independently confirmed in this article’s research. Confirm the current deadlines with a licensed Missouri attorney, since the right period can shift based on who you are suing and what you are claiming.

Bottom line: expect to pay for deer damage through your own comprehensive coverage, brake rather than swerve, and stay at the scene. If another driver’s mistake or a public property defect played a part, document everything and get advice well before any deadline arrives.

Disclaimer: This article is for general educational purposes and is not legal advice. Laws and deadlines change, so consult a licensed Missouri attorney about your specific situation.