Vermont brings to mind maple syrup, color-changing leaves in the Fall, and relaxing weekend getaways for most. But wicked weather from the North can quickly transform a drive through this New England beauty from tranquil to treacherous. While maple syrup may cheer your spirits after an accident, to fully recover for your injuries you will want to read up on Vermont car accident compensation laws.
Vermont’s “Fault†and “50% Modified Comparative Negligence†Rules
Recovering damages for your injuries in Vermont is going to require you to prove another driver was responsible, or 'at fault', for your injuries. The good news is that even if you were partially at fault for a car accident, you may still be able to recover damages because Vermont uses the '50% comparative negligence' rule. This means that you can recover as long as you were 50% or less at fault for your injuries, and the court will simply reduce your damages in proportion to your level of fault. For example, if you suffered $10,000 in damages, but you were 50% at fault, the court would award you $5,000.
For more details on Vermont Car Accident Compensation Laws, see the table below.
| Statute of Limitations | • 3 years for personal injury or personal property damage (12 Vt. Stat. § 512) • 2 years for wrongful death (14 Vt. Stat. § 1492) |
| Limits on Damages | $500,000 per person and $2 million per accident when a State employee is at fault (12 Vt. Stat. § 5601) |
| Other Limits | 50% Modified Comparative Negligence (12 Vt. Stat. § 1036) |
Damage Types
Most often, injured parties can recover monetary damages, known as compensatory damages, for their injuries. These include both economic and non-economic recovery such as past and future medical expenses, disability or disfigurement, property damage, vehicle repair costs, and other out-of-pocket expenses.
Typical car accident damages include:
Limits on Damages
The State of Vermont limits liability to $500,000 per person, with a total of $2,000,000 per accident, when an employee of the State was at fault. Otherwise, there are no state-imposed monetary limits on economic or non-economic damages available to an injured party.
Vermont does have state-imposed deadlines, known as statutes of limitations, on how long you can wait before filing a claim against the party at fault for your car accident injuries. Fortunately, the time limits are relatively long: three years for both personal injury and injury to property and two years for wrongful death lawsuits.
Get a Claim Review from a Vermont Car Accident Attorney
Vermont's negligence system can make it difficult to estimate the strength and value of your claim. Strict damages caps when the state is the party at fault only compound this challenge. Fortunately, there are skilled professionals available to help guide you through this potentially traumatic time. If your trip to Killington was almost too killer, get a claim review from a Vermont car accident compensation law attorney.
