Vermont Car Accident Lawyer

Driving a car – or any other motor vehicle – is a leading cause of accidental injury and death in our state, leading to dozens of deaths each year and even more injuries. In fact, there are more than 12,000 motor vehicle crashes per year in Vermont. On average, more than fifty of those crashes result in fatalities.

At the law offices of Larson & Gallivan Law, our experienced Rutland, VT car accident attorneys understand how shocked and upset you are if you’ve recently been in a crash. For a free consultation with our legal team, as well as guidance and representation throughout the claims process, please call our law firm directly today. We are here to assist you.

What to Do After a Car Accident in Vermont

Were you involved in a motor vehicle collision in Vermont? It is imperative that you know what to do to protect your well-being and put yourself in the best position to get justice. Here are five steps to take in the immediate aftermath of an automobile accident in Vermont: 

• Stop Your Care and Exchange Key Information: Immediately after a car accident in Vermont, it is essential to stop your vehicle at the scene. Exchange contact information, insurance details, and vehicle registration numbers with the other parties involved.

• Contact Law Enforcement to Report the Crash: Always call the police to the scene of the accident to ensure an official report is filed. Contact the Vermont State Police or a local law enforcement agency. 

• See a Doctor Right Away for Any Physical Injuries: Even if injuries seem minor, it is important to visit a healthcare provider promptly as some symptoms might not appear right away. Without medical records, you cannot bring a successful car accident claim. 

• Thoroughly Document the Crash: Take photographs of the accident scene, including all vehicles involved, any visible damages, and road conditions. Also, collect names and contact information of witnesses. Write down your personal account of the crash. 

• Consult With a Vermont Car Accident Attorney: Insurance companies are looking out for their own bottom line, not what is best for your family. You should speak to a Vermont auto accident lawyer right away after a serious collision. 

Common Causes of Car Accidents in Vermont

Even the safest driver in the world risks being involved in a car accident, as it only takes one moment of someone’s else’s carelessness (negligence) to cause a car accident. Most car accidents are caused by human error, such as driving too fast for conditions, speeding, driving while distracted, driving while impaired, performing an illegal maneuver, failing to yield, etc. When this is the case, the at-fault driver can be held responsible for the damages that result. But it’s not just drivers who cause accidents. Other causes of car accident, although much less common, include:

• Dangerous road conditions such as debris in the road or potholes that haven’t been repaired;
• Incorrect signage such as signs that are incorrectly placed within a construction zone; and
• Vehicle defects including defective tires, brakes, etc.

If you are involved in a car accident, one of the first things that you want to do is begin collecting evidence to help determine fault and prove liability.

Fault and Comparative Negligence in a Vermont Car Accident Claim

For most people who have been involved in a car crash in Rutland, VT or surrounding areas of our state, filing a car accident claim against the at-fault party’s insurance is only the first step in settling a claim. Many times, the insurance company offers only a fraction of what the injured person has suffered in losses. Insurance companies are in the business of making profits, and profits are affected by how much the insurance company pays in damages. If the damages suffered are severe or fault is disputed, the case may require litigation to resolve. When a car accident claim goes to court, comparative negligence may have a significant effect on its outcome. Comparative negligence rules relate to a plaintiff’s ability to recover compensation from another at-fault party if the plaintiff contributed to their injuries. For example, if you are involved in an accident and the other driver is 90 percent at fault and you are 10 percent at fault, do you still have a right to pursue damages against the other driver?

According to Vermont’s modified comparative negligence law, yes – you do have a right to pursue compensation against another party, even if you contributed to your accident and injuries to some degree, so long as your share of liability does not exceed 50 percent. However, while you may be able to recover compensation, your recovery award will be reduced in proportion to your degree of fault.

Vermont Car Accident Statute of Limitations

In addition to comparative fault, another important element of a car accident claim to keep in mind is the statute of limitations – the legal limit on how much time you have to file a claim in Vermont. In Vermont, you have three years from the date of your accident to file a claim for damages related to property damage or injuries for a car crash claim. If you wait longer than three years to file a claim in court, then you can be permanently barred from recovery. This is one of the primary reasons why we urge you to consult with an attorney as soon as possible after a crash – the other is related to the importance of collecting evidence while it’s fresh.

Damages You Can Recover After a Vermont Car Accident

The extent of damage that results from a car accident depends on several factors, including how fast the vehicles were traveling and the type of collision — head-on crashes, for example, tend to be far more severe than rear-end accidents. Depending on the nature of your crash, the damages you’re entitled to recover may include:

• Medical expenses: Treatment costs escalate quickly, especially when injuries require surgery, hospitalization, rehabilitation, or long-term care. It’s not unusual for medical expenses to exceed $100,000 in serious injury cases. Even injuries without high treatment costs — like many traumatic brain injuries — can still be life-changing and warrant significant compensation.
• Lost wages and earning capacity: If your injuries keep you out of work for weeks, months, or longer, you may be entitled to compensation for wages already lost as well as any long-term reduction in your ability to earn.
• Property damage: This includes the cost of repairing your vehicle or, if it’s declared a total loss, replacing it.
• Pain and suffering: Beyond the financial toll, car accidents often cause serious physical pain tied directly to injuries like fractures, soft tissue damage, or spinal cord injuries.
• Emotional distress: The psychological impact of a serious crash — anxiety, trauma, or ongoing emotional anguish — is a real and compensable harm, separate from physical injury.
• Disability or disfigurement: Permanent injuries that leave you disabled or disfigured can affect nearly every part of your life, and Vermont law allows recovery for these lasting impacts.
• Loss of enjoyment of life: Many crash victims never fully return to normal. Activities and hobbies that once came easily may become difficult or impossible, and this loss is a recognized element of damages.
• Wrongful death damages: When a car accident results in the death of a loved one, surviving family members may be entitled to pursue a wrongful death claim for their losses.

How a Vermont Car Accident Lawyer Can Help

A car crash is stressful, frustrating, and often confusing. You do not have to take on the big insurance companies alone. At Larson & Gallivan Law, we have the professional experience that injured victims can depend on when it matters most. You can hear what our clients have to say and contact us directly with any questions. Along with other things, our Vermont car crash attorneys will: 

• Hear your story and explain the next steps in the personal injury claims process; 
• Investigate the motor vehicle collision in Vermont—gathering evidence;
• Take care of the insurance paperwork and any settlement negotiations; and
• Develop a comprehensive strategy to help ensure you receive the best possible outcome. 

Vermont Car Accident FAQs

How Long Do I Have to File a Car Crash Claim in Vermont?

A strict statute of limitations applies. Under Vermont law (Vt. Stat. Ann. Tit. 12 § 512(1)), you have three years to bring a personal injury claim, including a car accident injury claim. Filing after this deadline typically results in losing the right to seek compensation. Be proactive: Consult with a Vermont car accident attorney right away after a serious crash. 

What Should I Look for in a Vermont Car Accident Injury Lawyer?

Knowledge, experience, and a proven record of success. When looking for an automobile accident lawyer in Vermont, you need an advocate who can actually deliver results. Choosing someone who will communicate with you transparently and who makes you feel comfortable is another key. Car accident victims deserve personalized legal representation. 

Should I Give a Statement to an Insurance Adjuster After a Crash?

No. Take a moment to recover, gather your thoughts, and consult with an attorney. Indeed, you should not give a statement to an insurance adjuster after a crash without consulting your attorney. Insurance adjusters often seek to minimize the payout and your statements can be used against you. You can work through insurance companies through a Vermont auto accident attorney.