Table of Contents
Introduction
Pedestrian accidents are common in Vermont, and they often lead to severe injuries or fatalities. Pedestrians are vulnerable on roads and sidewalks, and negligence on the part of drivers or pedestrians can result in devastating consequences. If you or someone you love has been involved in a pedestrian accident in Vermont, it is essential to understand the state’s pedestrian accident laws and personal injury claims.
Pedestrian Accident Laws in Vermont
Vermont law stipulates that pedestrians have the right-of-way at crosswalks and intersections, marked or unmarked. Vermont drivers must yield to pedestrians who are crossing the street within a marked crosswalk or unmarked crosswalk at an intersection. A pedestrian should cross the street only when the signal indicates that it is safe to do so.
It is worth noting that Vermont law allows pedestrians to cross the street outside a marked crosswalk or unmarked intersection. However, they must give way to vehicles on the road in such cases.
Additionally, Vermont law prohibits jaywalking, which means crossing the street in an undesignated or prohibited area or crossing diagonally across an intersection. Pedestrians who jaywalk face a fine or penalty depending on the circumstances of the violation.
Contributory Negligence in Vermont Pedestrian Accidents
Vermont applies a modified contributory negligence rule to pedestrian accidents. This rule can affect a pedestrian’s ability to receive compensation for injuries sustained in an accident. Contributory negligence refers to actions taken by the pedestrian or the driver that contribute to or cause the accident. If the pedestrian was at fault, their compensation award may be reduced or barred altogether.
Vermont follows the 51% rule, which means that a pedestrian’s compensation can be reduced or barred only if their fault level was above 50%. If the pedestrian’s fault level was 50% or less, they can still receive compensation for their injuries, but their award will be reduced by their level of fault.
For example, suppose a pedestrian was crossing outside a marked crosswalk, and a driver, who was driving too fast, hit them. In that case, the pedestrian’s fault level might be determined to be 20%. If their compensation award was $100,000, it would be reduced by 20%, meaning they would receive $80,000.
It is essential to understand that contributory negligence is not a defense in Vermont for drivers who are alleged to have acted negligently or recklessly.
Statute of Limitations in Vermont Pedestrian Accident Lawsuits
Vermont has a statute of limitations that applies to personal injury claims arising from pedestrian accidents. The statute of limitations is the time limit within which a victim must file a lawsuit. In Vermont, the statute of limitations for personal injury claims is three years from the date of the accident.
If a victim fails to file a lawsuit within the prescribed time, their claim will be barred, and they will not be able to recover compensation. It is imperative to seek the services of an experienced Vermont personal injury attorney who can advise you on the applicable deadlines and help you file your claim on time.
Damages in Vermont Pedestrian Accident Lawsuits
If you are involved in a pedestrian accident in Vermont, you may be entitled to various types of damages, including:
- Medical expenses: This includes the cost of hospitalization, surgery, medication, physical therapy, and other related costs.
- Lost wages: If you are unable to work due to your injuries, you may be entitled to compensation for the wages you lost.
- Pain and suffering: You may be able to recover damages for the physical and emotional pain and suffering caused by the accident.
- Loss of consortium: This refers to the loss of companionship, care, and intimacy that a family member may suffer due to the victim’s injuries.
- Punitive damages: In rare cases, a court may award punitive damages to punish a defendant for gross negligence or intentional harm.
Conclusion
Pedestrian accidents can be devastating, and victims often face significant financial, physical, and emotional challenges. If you have been involved in a pedestrian accident in Vermont, it is crucial to understand the state’s pedestrian accident laws and personal injury claims. Seeking the services of an experienced Vermont personal injury attorney can help you navigate the legal process and secure the compensation you deserve.