Had Longoria crashed into cattle, or even somebody's loose gorilla, he could have been in tort heaven. But Bambi and her bunch are largely tort-free under Texas law. The few exceptions are for animals clearly under the control of a person, such as a petting-zoo operator. Those are the legal standards, dead or alive. Authorities say the state even has control over deer killed in auto crashes.
Officials believe the problem of auto-deer accidents is increasing for a variety of reasons.
Research by the Central Insurance Companies found that the U.S. deer population has more than doubled since the '80s. Factors for the Houston area are more cars, and suburban growth bringing more roadways and encroaching on natural deer habitat. The estimated 500,000 collisions with deer annually resulted in more than 100 human deaths, CIC reported. Even if deer are considered to be property of the state, there are other potential legal avenues against the subdivision. By feeding the deer, even if the animals are eating only the garbage, Bar X may be negligent for creating a dangerous situation for motorists, he said in a prepared statement.