Guide to Vermont
Car Accident Laws

Here’s how Vermont handles liability and insurance after a car accident

Vermont car accident laws

Vermont is an “at-fault” state (also called a tort state). The person who is responsible for causing a car accident must pay the costs for other involved people’s injuries and property damage.

If you were injured in a Vermont car accident, you’ll need to pursue damages (payment) from the other driver’s insurance if the other driver was at fault.

The crucial factor in recovering compensation for a Vermont car accident is determining who was at fault.

Vermont modified comparative fault rule

Vermont is a modified comparative fault state. It follows the 51% rule, which means that for a plaintiff (injured person) to recover any damages, they must be less than 51% at fault for the accident.

If I didn’t cause the accident, how could I be at fault?

The insurance company (or the court) could determine that even though you didn’t cause the accident, you could have reacted differently in a way that would have prevented the accident from happening.

Here’s an example: You met a friend for a picnic lunch in Hubbard Park in Montpelier. You’re exiting the park by making a right on Parkway Street. A driver who is unfamiliar with the area is driving up Winter Street toward the park entrance. He realizes that Winter Street has ended and he’s about to enter the park—which he didn’t want to do. He makes an abrupt left onto Parkway Street just before entering the park. He’s speeding and is much too fast for the narrow roads and the sharp turn. Nevertheless, he takes a fast left and collides with you as you’re making a right.

It was not disputed that the other driver caused the accident—he was driving recklessly fast for the type of road and took a sharp turn without looking where he was going. But, his insurance company maintains that you should have seen him coming around the bend and braked in time to avoid the collision. The insurer determines that he was 90% liable and you were 10% liable for the crash.

If that’s the case, any damage award you would receive would be reduced by 10%. For example, if expenses for your injuries totaled $50,000, then you would receive a damage award of $45,000.

Vermont accident reporting requirement and statute of limitations

If you were involved in a crash where the total damage to all property equals $3,000 or more, or if a person is injured, you’re required to make a report to the Commissioner of Motor Vehicles within 72 hours of the crash. However, if a police report is recorded at the scene, it will usually fulfill your reporting requirement.

When an injured person needs to file a lawsuit over a Vermont car accident claim, they must do so within three years after the date of the accident. However, if the survivors of a person who dies in a car accident decide to file a wrongful death claim, it must be within two years of the person’s date of death.

Vermont law requires any person involved in a car accident to stop their vehicle. If the vehicle is in traffic, you may pull to the side of the road or into a safe area. Provide reasonable assistance to anyone involved in the crash if you’re able to do so.

You must provide all involved individuals with the following information:

• Name
• Address
• Driver’s license number
• Vehicle owner information and registration

If you fail to stop or provide this information, you could be charged with a hit and run.

Vermont car insurance laws

10 most common causes of car accidents

1. Distracted driving. Distracted driving is a serious problem. As people become increasingly dependent on cell phones for maps, podcasts, music, traffic reports, and other functions, there is a stronger pull to check their phones. But you should never, ever handle your phone or any electronic device while driving. Also, distraction can include eating, passenger behavior, personal grooming, or any other behavior that takes your mind, eyes or hands off driving.
2. Drunk driving. You’re not allowed to drive if your blood alcohol content (BAC) is 0.08% or higher. Being under the influence of alcohol, drugs, or some medications can severely affect your driving and raises your risk of causing an accident. If the driver is under the age of 21, they are considered legally drunk in Vermont if their BAC is .02 or higher.
3. Aggressive driving. You’ve likely heard of “road rage,” which is when a person becomes so angry at another person that they might bully or physically harm someone on purpose because they’re annoyed. But there are other kinds of aggressive driving that don’t necessarily involve anger at a specific individual. Some drivers might be impatient and speed or swerve around cyclists or cars they think are going too slowly, make unsafe lane changes, or behave recklessly in some other way that could result in an accident.
4. Speeding. Sometimes speeding is aggressive, and sometimes it is just carelessness. You might speed because you’re in a hurry or running late, but you shouldn’t. Speeding doesn’t get you to your destination any faster if you crash or get a ticket. And when you speed, you have less time to react to a traffic situation in front of you and less time to stop if necessary.
5. Reckless driving. Similar to aggressive driving, reckless driving is any kind of action behind the wheel that’s unsafe. It might be speeding, weaving, dodging other cars, failure to stop at lights or stop signs, or any other number of reckless driving practices that break road rules or are unsafe.
6. Inexperienced drivers. Your teenager might be the most responsible kid around, and they might care a lot about following road rules, driving at the correct speed, heeding stop lights and signs, and doing everything “right.” But younger drivers are inexperienced. That lack of experience could cause even the most careful driver to misjudge the speed of an oncoming car, poorly execute a turn, or make another mistake that results in an accident. And, some teenagers are more likely to take risks than an older driver would. Statistically, younger male drivers are most likely to make risky driving decisions.
7. Tailgating. Tailgating is when a driver follows too closely behind the driver in front of them. Some tailgating is aggressive, but sometimes it happens because someone isn’t paying attention or simply doesn’t see the practice as dangerous. When traveling 55 mph, you should leave 16 car lengths (which is about 243 feet) between your vehicle and the car in front of you. Tailgating is dangerous because when you’re too close to another vehicle, you don’t have enough time to stop if you need to do so quickly. No car can stop on a dime, even if you react quickly. And, even if you stop very fast, there’s no guarantee that the driver behind you will be able to do so. As a result, tailgating can result in chain-reaction accidents.
8. Weather conditions. Vermont is no stranger to severe weather — ice, snow, wind, and other conditions are a regular part of our life. When the weather is extreme, it’s best to stay off the roads when you can. But when that’s not practical or realistic, exercise caution and drive slowly.
9. Failure to obey traffic laws. Traffic laws are more than just stopping at red lights. Following the speed limit, staying in your lane, passing bicyclists safely, and yielding to pedestrians are just a few of the many necessary aspects to driving responsibly. Be familiar with the traffic laws in your local area and state, and obey them at all times to reduce your risk of a collision.
10. Failure to stop at a red light or stop sign. Although stopping for stop signs and traffic lights are part of following traffic rules, they’re also among the ones drivers break most often. Even if you think you’re driving through a “quiet” intersection, you must stop completely at stop signs and lights.