Car Accidents

Vermont Car Accident Lawyers: Protect Your Rights Today

A car accident can leave you dealing with painful injuries, unexpected medical bills, and uncertainty about what comes next. In Vermont, where road conditions can change quickly due to weather, rural terrain, or wildlife crossings, the aftermath can feel especially overwhelming—especially when you are trying to manage insurance companies, doctor appointments, and questions about your legal rights. 

According to VTDigger, Vermont recorded 77 fatalities in 2022, the highest in a decade, highlighting the serious risks even on familiar roads. Understanding how Vermont law works and what steps to take early on can make a significant difference in your financial recovery and long-term well-being.

Key Takeaways: What Vermont Accident Victims Should Know

  • Vermont is a fault-based state, meaning the at-fault driver is responsible for injuries and damages.
  • You must typically file a personal injury lawsuit within three years of the crash under 12 V.S.A. § 512.
  • Timely medical care is essential to document injuries—especially those that develop slowly.
  • Roads such as I-91, I-89, U.S. Route 7, Route 9, and rural backroads are common crash sites due to ice, black ice, snow, and wildlife hazards.
  • Alcohol and/or drug impairment contribute to a majority of fatal crashes.
  • A lawyer can gather evidence, negotiate with insurers, and protect you from low settlement offers.
  • Reading client experiences can help you understand what to expect.

What to Do Immediately After a Vermont Car Accident

After any collision, your first priority is safety. Check for injuries and call 911 if anyone is hurt or if the vehicles cannot be moved. Vermont law requires reporting injury crashes, and the responding officer’s report can later serve as key evidence. If it is safe to do so, move your vehicle to the side of the road—particularly important on high-traffic routes like I-89, I-91, or Route 7, where a disproportionate number of Vermont crashes occur.

Even if you believe your injuries are minor, seek medical care immediately. Many common crash-related injuries—such as concussions, whiplash, and soft-tissue damage—do not show symptoms for hours or even days. Prompt documentation is critical: delays in seeking care can weaken a claim. Timely medical attention is particularly important given that Vermont reported 69–71 traffic-related fatalities in 2023 across the state, showing that even small incidents can have serious consequences.

At the scene, gather as much information as possible. Take photos of vehicle damage, the crash site, weather conditions, skid marks, traffic signs, and any visible injuries. Get contact details for the other driver and any witnesses. Notify your insurance company, but avoid giving recorded statements or speculating about fault until you have spoken with a lawyer.

How Vermont Determines Fault After a Car Crash

Vermont follows a fault-based system, meaning the driver who caused the accident is responsible for damages. Fault is determined by examining:

  • Driver behavior (speeding, distracted driving, following too closely)
  • Road conditions (ice, snow, reduced visibility)
  • Vehicle damage patterns
  • Witness statements
  • Police reports


Vermont also applies a modified comparative negligence rule. You can recover compensation as long as you are less than 50% at fault, but your recovery is reduced by your percentage of responsibility. If you are 50% or more at fault, you generally cannot recover. Given that most fatal crashes involve speeding, impaired driving, or poor road conditions, having clear evidence of fault is crucial.

Compensation You Can Recover After a Vermont Auto Accident

Car accident victims often face significant financial strain. Compensation in Vermont may include:

  • Medical Expenses: Emergency care, hospital bills, surgery, imaging, medications, physical therapy, chiropractic care, assistive devices, and long-term treatment.
  • Lost Income: If your injuries prevent you from working, you may recover lost wages and compensation for reduced earning capacity.
  • Property Damage: Repairs to your vehicle or reimbursement if the vehicle is declared a total loss.
  • Pain and Suffering: Compensation for physical pain, emotional distress, and diminished quality of life.
  • Future Losses: Ongoing care needs, future wage loss, and long-term impacts of serious injuries.
  • Punitive Damages: These may be available in rare cases involving extremely reckless or intentional conduct. With 77 fatalities in 2022 and a high percentage of crashes involving risky behaviors, punitive damages may apply in severe cases.

How Long You Have to File a Car Accident Claim in Vermont

Most car accident injury lawsuits must be filed within three years of the crash. Wrongful death claims may follow different deadlines, and claims involving government entities often require earlier notice.

Even though three years seems like ample time, delays can weaken your case, especially when medical documentation, witness statements, and accident reconstruction are involved. Early legal guidance is critical, particularly in a state where fatal accidents occur frequently due to impaired driving and hazardous weather conditions.

How a Vermont Car Accident Lawyer Protects Your Rights

Insurance companies aim to minimize payouts. A Vermont car accident lawyer balances the scales by:

  • Collecting police reports, medical records, crash photos, and witness statements.
  • Consulting experts when needed, such as accident reconstruction professionals.
  • Evaluating the full scope of damages, including long-term medical needs and lost income.
  • Handling communications with insurance companies.
  • Advising on settlements and, if necessary, filing a lawsuit and representing you in court.


Legal representation ensures you are not pressured into accepting an unfair settlement and that your claim reflects your needs.

Common Types of Car Accidents and Causes in Vermont

Car accidents happen statewide, including in Burlington, Rutland, Bennington, Montpelier, St. Albans, and Brattleboro. Common causes include:

  • Distracted driving
  • Speeding or aggressive driving
  • Driver fatigue
  • Failure to yield
  • Drunk or drug-impaired driving
  • Hazardous weather and road conditions

Should You Settle or File a Lawsuit After a Vermont Car Crash?

Most Vermont car accident claims settle outside of court. Settlement can save time and reduce stress, but should only be accepted if it fully reflects your medical needs, lost wages, and long-term recovery.

A lawyer can evaluate any settlement offer. If liability is disputed or the insurer undervalues your claim, filing a lawsuit may be necessary. Litigation keeps the insurance company engaged and can help secure a more favorable outcome.

Is It Too Late to File a Claim if Injuries Appeared Later?

Not always. Some injuries—especially head, spine, and soft-tissue injuries—develop over time. In certain circumstances, the statute of limitations may begin when you reasonably discover the injury and its connection to the crash. However, waiting can make evidence harder to collect, so contacting an attorney as soon as possible is essential.

Frequently Asked Questions (FAQs)

What if I am partly at fault for a Vermont crash — can I still recover damages?
Yes. Vermont allows recovery if you are less than 50% at fault. Compensation is reduced proportionally to your share of fault.

What types of damages can I recover?
You may recover medical expenses, lost wages (including future earnings), property damage, pain and suffering, ongoing care needs, and sometimes other damages, depending on injury severity.

Is timely medical documentation important?
Absolutely. Prompt medical care helps document that your injuries are connected to the crash and strengthens your claim. Delays may complicate proving causation

Why Contact Our Vermont Car Accident Lawyers at Kramer Law, P.C.

Choosing the right attorney after a car accident can make a significant difference in your recovery and compensation. At Kramer Law, P.C., our Vermont car accident lawyers provide experienced, personalized guidance through every step of the legal process. From gathering evidence to negotiating with insurance companies, we work to protect your rights and achieve the best possible outcome.

Don’t just take our word for it — see what our clients have to say about their experiences and results on our reviews page.

Our Vermont Car Accident Lawyers at Kramer Law, P.C. Can Help You Achieve a Stronger Recovery

When a car accident disrupts your life, the path to recovery can feel overwhelming. Our Vermont car accident lawyers at Kramer Law, P.C. can help you after a wreck. Call 802-257-2221 or contact us online for a free consultation. Located in Brattleboro, Vermont, we proudly serve clients statewide.

Office Location

Our Brattleboro Offices
42 Park Place
Brattleboro, Vermont 05301
Phone: 802-257-2221
Cell: 802-380-2335
Email: [email protected]