A bicycle accident on Route 9 in Brattleboro or along a rural Windham County road can turn a routine ride into a life-altering event within seconds. Kramer Law, P.C. has represented injured Vermonters from its Brattleboro office since 1994, and attorney Theodore Kramer has practiced law in Vermont since 1983. At Kramer Law, P.C., injured cyclists work directly with an experienced attorney rather than a rotating team of case managers.
Theodore Kramer earned his law degree from Georgetown University Law Center and his undergraduate degree from Middlebury College, and he has practiced law in Windham County since 1983. Vermont admitted him to the U.S. District Court for the District of Vermont in 1986 and to the U.S. Court of Appeals for the Second Circuit in 1988. Martindale-Hubbell awarded Kramer its Client Champion Award and a Distinguished Peer Review Rating. Kramer has also served the community as a longtime member of the Brattleboro Rotary Club and a board member of the Brattleboro Boys & Girls Club. Client reviews describe the firm as sharp, relentless, and trustworthy, and several note that Kramer and his staff guide clients through every step of a claim.
Compensation in a Vermont bicycle accident claim typically includes “economic” damages, such as medical bills, lost wages, and bicycle repair costs, along with “non-economic” damages for pain and suffering. Vermont does not cap non-economic damages in most bicycle cases, so claim value depends heavily on injury severity, liability evidence, and the at-fault driver’s available insurance coverage. Vermont’s modified comparative negligence rule under 12 V.S.A. § 1036 allows an injured cyclist to recover damages reduced by that cyclist’s percentage of fault, as long as the fault does not exceed 50%. No attorney can guarantee a specific amount, but Kramer Law, P.C. evaluates medical records and lost income to pursue the full value of every claim.
Kramer Law, P.C. represents injured cyclists on a contingency fee basis, so clients pay no upfront retainer. Under Vermont Rule of Professional Conduct 1.5, a contingency fee must be reasonable and appear in a written agreement signed by the client. Vermont personal injury attorneys customarily charge approximately one-third of the amount recovered. A client owes no fee unless Kramer Law, P.C. recovers compensation.
Vermont law grants a cyclist all the rights and duties of a vehicle operator under 23 V.S.A. § 1136, and a driver who violates a traffic law, such as the Safe Passing Statute, generally bears liability for a resulting collision. Liability can also extend to a driver who fails to check for a cyclist before opening a car door, a driver who turns across a cyclist’s path, or a municipality that fails to maintain a roadway safely. Kramer Law, P.C. investigates the scene and identifies every party whose negligence contributed to the crash.
Vermont requires every driver to leave at least four feet of clearance when passing a cyclist under 23 V.S.A. § 1033, and this safe passing law allows a driver to cross the center line to complete a pass when the opposing lane is clearly visible and free of oncoming traffic under 23 V.S.A. § 1035. The League of American Bicyclists recognized Vermont’s move to a defined four-foot standard as a key safety action when the law took effect on July 1, 2024. A cyclist in Vermont holds the same rights and responsibilities as any other vehicle operator and must use a white front light and a red rear light or reflector after dark.
Vermont has no statewide law requiring adult cyclists to wear a helmet, so the absence of a helmet does not establish negligence on its own. An insurance company may still argue that skipping a helmet increased the severity of a head injury, but Vermont’s modified comparative negligence rule under 12 V.S.A. § 1036 means that argument, even if partially successful, reduces rather than eliminates compensation, unless a jury assigns the cyclist more than 50% of the fault. Kramer Law, P.C. counters these arguments with medical evidence tying the injury to the collision itself.
Distracted driving, failure to yield, unsafe passing, and “dooring” account for many Vermont bicycle collisions, and Vermont Agency of Transportation data recorded 74 crashes between a motor vehicle and a bicycle statewide in a recent year. In Windham County, cyclists frequently travel Route 9 through Brattleboro, a corridor community members have criticized for lacking dedicated bike lanes even after repaving, as well as the West River Trail and Route 30 toward Putney. The League of American Bicyclists ranked Vermont eighth among 11 Eastern states for bicycle friendliness in 2024.
An injured cyclist should call 911, request medical evaluation even for injuries that seem minor, and photograph the vehicle, the bicycle, and the crash scene before anything is moved. Vermont law requires a driver to report a crash to police within 72 hours when it causes injury or more than $3,000 in property damage. Cyclists should avoid giving a recorded statement to an insurance adjuster and should preserve the bicycle and gear before contacting Kramer Law, P.C.
Vermont law generally requires an injured cyclist to file suit within three years of the crash date under 12 V.S.A. § 512.
Not always, but a driver who violates the Safe Passing Law or another traffic statute generally bears significant liability, and Kramer Law, P.C. investigates every crash to confirm how it happened.
No. Vermont has no statewide helmet law for adult cyclists, and the absence of a helmet does not by itself bar recovery.
Vermont’s modified comparative negligence rule allows a cyclist to recover reduced compensation as long as that cyclist’s fault does not exceed 50% of the total fault.
Compensation typically includes medical expenses, lost wages, bicycle damage, and pain and suffering, with total value depending on injury severity and available insurance coverage.
If you or someone you love has been injured in a bicycle accident, our Vermont bicycle accident lawyers at Kramer Law, P.C. are here for you. To schedule an initial consultation, call today at 802-257-2221 or contact us online. Located in Brattleboro, Vermont, we proudly serve clients in the surrounding areas.
Office Location
Our Brattleboro Offices
42 Park Place
Brattleboro, Vermont 05301
Phone: 802-257-2221
Cell: 802-380-2335
Email: [email protected]
