Question

Max and Rich go hunting. They both know the area where they are hunting, and they separate to hunt from different positions. They are both wearing bright orange hats and vests as per hunting regulations. Max sees something moving in the brush. He does not see anything orange, so he shoots. When he goes to pick up what he shot, he finds that he has killed a deer, and the bullet has gone clean through the deer into Rich’s shoulder. Could Max be charged with any crime? Why or why not?