Motorcycles are a popular mode of transportation for many Vermont residents and are a great way to enjoy the beautiful scenery this state has to offer. Unfortunately, motorcycle accidents can and do happen, and they can result in serious injuries or even death. If you were injured in a motorcycle accident in Vermont, you may be wondering if you can recover damages for your injuries.
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Negligence in a Motorcycle Accident
In order to recover damages for a motorcycle accident in Vermont, you must prove that someone else was negligent and that their negligence caused your injuries. Negligence means that someone failed to exercise reasonable care, which resulted in harm to another person.
For example, if a driver of another vehicle failed to yield the right of way to you as a motorcyclist and caused a collision, that driver may be considered negligent. You would then need to prove that the driver’s negligence caused your injuries in order to recover damages.
Types of Damages
If you are able to prove that someone else was negligent and that their negligence caused your injuries, you may be able to recover damages. Damages are the sum of money that a court awards to a plaintiff in a civil lawsuit.
There are several types of damages that you may be able to recover in a motorcycle accident case, including:
Economic Damages: These are damages that can be quantified in terms of monetary value. Economic damages include medical expenses, lost wages, and property damage.
Non-Economic Damages: These are damages that cannot be quantified in terms of monetary value. Non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life.
Punitive Damages: These are damages that are awarded to punish the defendant for their negligence. Punitive damages are only awarded in cases where the defendant’s conduct was particularly egregious.
Statute of Limitations
It is important to note that there is a statute of limitations for filing a personal injury lawsuit in Vermont. The statute of limitations for a motorcycle accident in Vermont is three years from the date of the accident. This means that you must file a lawsuit within three years of the accident or you may lose your right to recover damages.
Comparative Negligence
Vermont follows a comparative negligence rule in personal injury cases. This means that if the plaintiff is partially at fault for the accident, their damages will be reduced by their percentage of fault.
For example, if a motorcyclist was speeding at the time of the accident and was found to be 20% at fault for the accident, their damages would be reduced by 20%. If the total damages were $100,000, the motorcyclist would only be able to recover $80,000.
Hiring a Personal Injury Attorney
If you were injured in a motorcycle accident in Vermont, it is important to hire a personal injury attorney who has experience handling motorcycle accident cases. An attorney can help you navigate the legal process and ensure that you receive the compensation you deserve.
An attorney can also help you gather evidence to support your claim, including medical records, witness statements, and accident reports. They can negotiate with insurance companies on your behalf and represent you in court if needed.
Conclusion
If you were injured in a motorcycle accident in Vermont, you may be able to recover damages for your injuries. In order to do so, you must prove that someone else was negligent and that their negligence caused your injuries. You should hire a personal injury attorney to help you navigate the legal process and ensure that you receive the compensation you deserve.