Vermont Pedestrian Accident Claims: Who is Liable?

Every year, countless individuals are injured or even lose their lives due to pedestrian accidents. In Vermont, pedestrians are given special privileges under the law to ensure their safety while on the road. In the unfortunate event of a pedestrian accident, several parties can be held liable for damages and injuries. In this article, we’ll dive deeper into who can be held accountable for a pedestrian accident in Vermont.

Vermont Pedestrian Laws

Before we explore the parties who can be held accountable for pedestrian accidents, it’s important to understand the pedestrian laws in Vermont. In the state of Vermont, pedestrians have the right of way, and drivers are required to yield to them. Vermont law states that drivers must:

  • Yield to pedestrians at crosswalks
  • Come to a complete stop at crosswalks and parking garages
  • Reduce speed and take necessary precautions near pedestrian zones
  • Not operate their vehicles in a manner that endangers pedestrians

It’s important that drivers heed these laws to ensure the safety of pedestrians and avoid potential legal liabilities if an accident occurs.

Parties Liable for Pedestrian Accidents in Vermont

Several parties could be held liable for pedestrian accidents in the state of Vermont. These parties include:

The Driver

In the vast majority of pedestrian accidents, the driver is held liable since they are in control of a potentially dangerous vehicle. A driver may be held responsible if they:

  • Were driving under the influence of drugs or alcohol
  • Were driving distractedly
  • Violated traffic laws
  • Failed to yield to a pedestrian’s right of way
  • Were speeding
  • Were driving aggressively

If a driver is found guilty of any of the above, then there is a strong chance that they will be held liable for any injuries caused in a pedestrian accident.

The Pedestrian

In some pedestrian accidents, the pedestrian may be held partially or fully liable. This would happen if:

  • The pedestrian was jaywalking or knowingly crossing the street where they should not have
  • The pedestrian was under the influence of drugs or alcohol
  • The pedestrian was not using designated crosswalks or pedestrian zones
  • The pedestrian was acting recklessly or negligently while on the road

If the pedestrian was at fault or was partially responsible for the accident, then they may be held liable for the damages.

Municipalities and Property Owners

In rare situations, municipalities or property owners may be held liable for pedestrian accidents. This would happen if:

  • The municipality or property owner was aware of a potential hazard but failed to properly address or fix it
  • There was a lack of safety precautions or proper signage near high-risk pedestrian zones

For example, if a crosswalk has inadequate lighting and signs, and a pedestrian is hit by a car while crossing, then the municipality could be held liable for the damage if they failed to provide a safe environment for the pedestrian.

Conclusion

Pedestrian accidents can cause significant emotional and financial distress for all involved. However, understanding who can be held accountable for such accidents can help the victims get the compensation they deserve. If you have been involved in a pedestrian accident, consult with a reputable personal injury attorney to determine who can be held liable for damages and injuries. Remember, following the rules of the road and taking necessary precautions can prevent such accidents from happening in the first place.

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