Vermont Law: Understanding Motorcycle Crash Liability
Vermont is a fault-based motor vehicle accident state, including for motorcycle crashes. Who can be held legally liable for a motorcycle wreck? The short answer is that any party whose negligence contributed to the collision may bear liability. Motorcycle riders (including Tristan Larson at our firm!) know that many motorcycle crashes are caused by automobile driver’s distraction and failure to keep an eye out for motorcycles. Car drivers often just don’t “see” motorcycles.
Negligence is the failure to take reasonable care. Examples of negligence that can contribute to motorcycle accidents in Vermont include:
- Speeding;
- Distracted driving;
- Drivers merging in front of motorcyclists;
- Drivers making left turns in front of riders.
- Poor road design; and
- Motorcycle defects.
Under Vermont law (Vt. Stat. Ann. Tit. 12, § 1036), a modified comparative negligence system is used to apportion liability. Each party to a motorcycle crash is liable for their fault based on the official investigation. There is a 51 percent bar on recovery—meaning a motorcyclist cannot recover compensation if deemed at fault for the majority of their own accident.
We Fight for Full and Fair Compensation for Injured Riders
Hurt in a catastrophic motorcycle crash? You need financial compensation to pay bills, support your family, and set yourself up for a better future. In Vermont, injured motorcyclists have the right to seek compensation for out-of-pocket costs and intangible damages. However, insurance companies that defend motorcycle injury cases rarely make that easy. They want to pay out less. You need a lawyer. Motorcycle accident victims in Vermont may be able to recover for:
- Motorcycle repairs or motorcycle replacement;
- Emergency medical services;
- Hospital bills;
- Any additional medical costs;
- Medication and medical equipment;
- Physical rehabilitation;
- Loss of wages;
- Loss of future earnings;
- Pain and suffering;
- Scarring;
- Disability; and
- Wrongful death.
Why Depend On the Vermont Motorcycle Accident Lawyers at Larson & Gallivan Law?
Motorcycle accident claims are complicated. Riders are often left with severe, sometimes permanent injuries. At Larson & Gallivan Law, we have the experience needed to protect the rights and interests of motorcycle crash victims. Our former clients say it best. We are driven by justice. Along with other things, our Vermont motorcycle crash attorneys will:
- Conduct a no cost, comprehensive review of your personal injury case;
- Investigate motorcycle crash, securing the evidence/information to prove fault;
- Handle the correspondence and settlement talks with insurers; and
- Develop a personalized strategy designed to get you justice and compensation.
Motorcycle Accident in Vermont: Frequently Asked Questions (FAQs)
What is the Statute of Limitations for a Motorcycle Crash Injury Claim in Vermont?
Three years. Vermont law sets a three year statute of limitations for motorcycle accident injury claims (Vt. Stat. Ann. Tit. 12 § 512(1)). Very few exceptions apply to that deadline. If you fail to bring your lawsuit in a timely manner, you could miss out on motorcycle accident compensation. Do not wait to take action: Consult with a Vermont motorcycle crash lawyer right away. Note that the time limit for a wrongful death claim is shorter: two years.
Are Motorcycle Helmets Required By Law in Vermont?
Yes. Motorcycle helmets are required by law in Vermont for all riders regardless of age. The law aims to reduce the risk of head injuries in the event of an accident. Wearing a helmet is a critical safety measure. Motorcycle helmets prevent brain injuries and save lives.
Is Lane-Splitting By Motorcyclists Allowed in Vermont?
No. Lane-splitting by motorcyclists is not allowed in Vermont. The practice involves riding between lanes of traffic and is considered unsafe—and illegal—in our state. Motorcyclists are required to follow the same traffic rules as other vehicles in Vermont.
Schedule a Free Consultation With Our Vermont Motorcycle Accident Lawyer Today
At Larson & Gallivan Law, our Vermont motorcycle accident lawyers are proud to put the rights of victims and families first. If you or someone close to you was injured in a motorcycle wreck, we are here to help. Contact us today for no cost, no obligation initial appointment. With an office in Rutland, we handle motorcycle crash claims throughout Vermont.