Key Takeaways:
- Vermont allows recovery even if you share some blame for a car accident.
- Damages are reduced by your percentage of fault under the “50% Bar.”
- Being found 51% or more at fault blocks recovery entirely.
- Insurance adjusters often inflate a claimant’s share of fault to cut payouts.
Being partly at fault for a Vermont car accident does not automatically prevent you from recovering compensation. Under state law, you can still collect damages as long as your share of fault is 50% or less, though your award will be reduced by that percentage.
What Is Vermont’s “Modified Comparative Negligence” Rule?
Vermont follows a “modified comparative negligence” rule, codified at 12 V.S.A. § 1036. This law allows an injured person to recover damages even if they contributed to the accident, as long as their negligence was not greater than the combined negligence of the other parties involved. If more than one defendant shares fault, each is responsible for a share of the damages proportional to their own contribution to the crash. The rule replaced Vermont’s older contributory negligence standard, which barred recovery entirely if a claimant held any fault at all.
How Does the “50% Bar” Work in Practice?
Vermont’s version of modified comparative negligence is sometimes called the “50% Bar.” If a jury or insurance adjuster determines you were 50% or less at fault for the crash, your total damages are reduced by that percentage, but you still recover the remainder. For example, a $60,000 award reduced by 20% fault results in $48,000 in compensation. If you are found 51% or more at fault, Vermont law bars recovery entirely, regardless of how severe your injuries are.
How Do Insurance Companies Use Fault Arguments Against You?
Insurance companies have a financial incentive to assign as much fault to a claimant as possible, since every percentage point shifted onto the injured party reduces the payout. Adjusters often point to minor factors, such as a slightly late reaction time or an unclear lane position, to argue that a claimant shares more responsibility than the evidence supports.
Recorded statements taken shortly after a crash are a common tool for this, since claimants under stress may unintentionally phrase an answer in a way that sounds like an admission. Adjusters may also rely on incomplete crash reports or witness accounts gathered before all the facts are known. A Vermont DMV crash report filed by the responding officer often becomes central evidence in these disputes, making its accuracy worth challenging early if it misstates how the crash occurred.
Can a Lawyer Reduce Your Share of the Blame?
A personal injury lawyer in Brattleboro can gather evidence that insurance adjusters tend to overlook or dismiss, including traffic camera footage, cell phone records, vehicle data, and independent witness statements. Reconstructing the sequence of events with objective evidence, rather than relying on the adjuster’s initial account, often shifts the fault percentage in a claimant’s favor. A lawyer can also challenge recorded statements or crash reports that contain errors, and can negotiate directly with the insurer instead of leaving the claimant to respond to pointed questions alone. Because a few percentage points of fault can determine whether a claim is barred entirely, addressing fault disputes early matters.
Frequently Asked Questions (FAQs):
Does a police citation automatically decide fault in a Vermont accident?
No, a “citation” is evidence but not a final determination of civil fault in a personal injury claim.
Can fault be split among more than two parties in a Vermont crash?
Yes, fault can be divided among multiple drivers or parties based on each one’s contribution to the crash.
How long do I have to file a car accident claim in Vermont?
Vermont generally allows three years from the date of the crash to file a personal injury lawsuit.
Our Experienced Vermont Car Accident Lawyers at Kramer Law, P.C. Handle Fault Disputes With Insurance Companies in Car Crash Claims
Need to discuss the details of your car accident? Our Vermont car accident lawyers at Kramer Law, P.C. represent injured drivers and passengers across Vermont whose claims involve disputed fault. Our firm works to counter insurance company arguments that shift blame onto the claimant. To schedule an initial consultation, call today at 802-257-2221 or reach out to us online. Located in Brattleboro, Vermont, we proudly serve clients in the surrounding areas.
