Deer Collision Fatalities in Missouri: What Families Need to Know

Missouri drivers hit a deer roughly every two and a half hours somewhere in the state, and while most of those collisions end in vehicle damage rather than tragedy, some do not. The Missouri Department of Transportation has reported thousands of deer-related crashes in a single year, with a small but real number resulting in serious injury or death. Families in the greater St. Louis area are not immune to this risk simply because the region is more urban than rural; major highways here cut directly through wooded corridors and greenways where deer move freely between undeveloped land and the road. For a family who loses someone this way, the fact that a deer rather than another driver caused the crash raises questions about who, if anyone, can be held responsible.

Why Deer Collisions Are More Dangerous Than They Seem

A deer collision becomes most dangerous not from the impact with the animal itself, but from what a driver does in the instant before and after. Swerving sharply to avoid a deer can send a vehicle into oncoming traffic, off the roadway into a tree or embankment, or into a rollover, and these secondary outcomes account for a large share of the serious injuries and deaths in animal-vehicle crashes. The Missouri State Highway Patrol has noted that metro areas like St. Louis and Kansas City, where major highways cut through wooded and suburban terrain, see some of the highest concentrations of deer strikes in the state, since deer move easily between undeveloped land and the roads that border it.

When a Deer Collision Leads to a Wrongful Death Claim

Most deer collisions do not involve a second vehicle or a negligent driver, which can make them feel like a pure accident with no one to hold accountable. But that is not always the case. If another driver’s conduct, excessive speed for conditions, distraction, following too closely, or a failure to maintain a vehicle’s headlights and brakes, contributed to the severity of the crash or the decision that led to it, a wrongful death claim may still be available against that driver. Road design and maintenance issues, like inadequate deer-crossing signage in a known high-collision corridor or a poorly maintained shoulder that contributed to a rollover, can also become relevant depending on the facts.

Missouri’s wrongful death statute creates a claim when a death is caused by the wrongful act, neglect, or default of another, in circumstances where the deceased person could have brought a personal injury claim had they survived. The law establishes who may bring the claim, generally starting with a spouse, children, or parents before extending to other statutory beneficiaries.

What a Family Should Preserve After a Fatal Deer Collision

The investigation in these cases often comes down to reconstructing exactly what happened in the seconds before impact. A police report, any available dashcam footage, vehicle data recorder information, and witness accounts from other drivers on the road at the time can all help establish whether another driver’s actions, rather than the deer itself, played a role in the outcome. Because fall is peak deer-collision season in Missouri, due to the mating period that runs roughly October through December, investigators also look closely at visibility conditions, time of day, and whether adequate warning signage existed for that stretch of road.

Speed is frequently the single most important factor in these reconstructions. A driver traveling at a speed appropriate for the conditions typically has more time to brake or steer safely around an animal in the roadway, while a driver going too fast for visibility or traffic conditions may have no real margin left once a deer appears. Toxicology results, phone records that might show distraction, and the vehicle’s own maintenance history, particularly brakes and headlights, can all become part of building that picture of what a careful driver would have done differently.

Missouri’s Deadline to File a Claim

Under RSMo 537.100, a Missouri wrongful death claim must generally be filed within three years of the date of death, not the date of the crash itself. That window can close faster than it seems when an investigation involves reconstructing exactly what happened on a dark, unlit stretch of highway, and families are often better served by starting that process early rather than waiting to see whether a driver’s insurer offers a fair resolution on its own.

Damages Available in a Missouri Wrongful Death Case

Missouri wrongful death claims can include funeral and burial costs, lost income the deceased would have provided to their family, and loss of companionship. In cases involving especially aggravating conduct on the part of another driver, such as extreme speed or driving under the influence at the time of the crash, Missouri law also permits punitive damages, though that is a high legal bar rather than something available in every case.

Strong Law, P.C.’s Approach to Fatal Crash Investigations

Strong Law, P.C.’s St. Louis wrongful death team investigates the full circumstances of a fatal crash rather than assuming an animal strike closes the door on a claim, looking closely at driver conduct, road conditions, and vehicle factors that may have contributed. In the small number of cases where a serious but non-fatal brain injury results instead, the firm’s practice areas cover that claim as well. The firm’s recognitions reflect a trial practice built on exactly this kind of detailed factual investigation. As one client, Crystal W., shared:

“The death of my mother was an unexpected and tragic time in our family’s life. Neal and his team represented our family in such a way that to this day I am honored to have had the Strong-Garner-Bauer law firm on our side! Any questions I might have had the team was quick to respond to me and find me answers. The case was settled quickly, which was a tremendous relief, all due to the diligence and hard work of a dedicated group of lawyers and their paralegals.”

Frequently Asked Questions

Who can file a wrongful death claim in Missouri?

Missouri law allows a deceased person’s spouse, children, or parents, and in some cases other statutory beneficiaries, to bring a wrongful death claim.

Can I recover damages beyond funeral costs in a wrongful death case?

Yes. Missouri wrongful death claims can include funeral and burial costs, lost income, and loss of companionship. In cases involving especially aggravating conduct, Missouri also permits punitive damages.

What types of incidents can lead to a wrongful death claim?

Wrongful death claims can arise from car and truck accidents, medical malpractice, defective products, and other situations involving negligence, including crashes where another driver’s conduct contributed to the severity of an animal-related collision.

How long do I have to file a wrongful death claim in Missouri?

Generally three years from the date of death under Missouri law, which is shorter than the five-year window that applies to most other personal injury claims.

If your family has lost a loved one in a crash involving a deer or other animal on a Missouri road, contact Strong Law, P.C. for a free, no-obligation consultation.

This post is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship with Strong Law, P.C. Every case depends on its own facts, and you should consult a licensed Missouri attorney about your specific situation.

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