Getting struck by a vehicle while jaywalking can be a frightening and overwhelming experience. If this happens to you in Vermont, you may wonder whether you have the right to pursue compensation for your injuries. Although jaywalking can impact a personal injury claim, it does not automatically stop you from recovering damages. Vermont's legal system allows for a nuanced approach, depending on the facts of the case.

Understanding Vermont's Comparative Negligence Law

Vermont follows a modified comparative negligence rule when determining fault in personal injury cases. Under 12 V.S.A. § 1036, an injured party is able to recover damages if they are partly responsible for their injuries, but only if their share of fault is less than 50%. However, any compensation awarded is going to be reduced in proportion to the injured person's percentage of fault.

For example, if you are found to be 30% at fault for jaywalking, and your total damages are $100,000, your recovery would be reduced by 30%, leaving you with $70,000.

Key point: If your fault is determined to be 50% or greater, you are barred from recovering any damages under Vermont law.

How Jaywalking Can Affect an Injury Claim

Jaywalking generally refers to crossing a street outside of a designated crosswalk or against a traffic signal. In Vermont, like in most states, pedestrians are expected to use reasonable care for their own safety, even when a driver has a duty to be cautious.

When a pedestrian is hit while jaywalking, several questions typically arise:

  • Was the driver speeding, distracted, or otherwise negligent?
  • Were visibility conditions poor?
  • Was the pedestrian in an area where drivers should reasonably expect foot traffic?
  • Did the pedestrian dart into traffic suddenly, leaving the driver no time to react?

Even if you were jaywalking, if the driver was speeding, texting, intoxicated, or otherwise careless, the driver could be held partially or primarily responsible for the accident.

Establishing Fault in a Vermont Jaywalking Accident

Winning an injury claim after jaywalking in Vermont hinges on proving that the driver had more responsibility for the collision than you did. Several types of evidence can be critical to building a strong case:

  • Accident reports from law enforcement detailing the scene
  • Surveillance footage from nearby businesses or traffic cameras
  • Eyewitness statements supporting your version of events
  • Expert testimony such as accident reconstruction specialists
  • Medical records that document the extent and cause of your injuries

It's important to note that insurance companies will often attempt to argue that a jaywalking pedestrian is entirely at fault. Having strong evidence and skilled legal representation can make a significant difference in how liability is ultimately assigned.

Vermont Pedestrian Laws to Know

While jaywalking itself is not always a ticketed offense in Vermont, there are specific pedestrian rules that influence liability in an accident:

  • Pedestrians must obey traffic control signals where present (23 V.S.A. § 1051).
  • When crossing outside of a marked crosswalk, pedestrians must yield the right of way to vehicles.
  • Drivers must exercise due care to avoid colliding with pedestrians, particularly children, elderly individuals, or those who appear confused or incapacitated.

Both pedestrians and drivers share responsibility for maintaining safety. A jaywalking pedestrian who takes reasonable precautions may still have a viable injury claim if the driver failed to exercise reasonable care.

Common Injuries in Jaywalking Accidents

Pedestrian accidents tend to cause serious injuries due to the sheer force of impact. Common injuries include:

The severity of these injuries often leads to substantial medical bills, time away from work, and ongoing therapy or rehabilitation needs. Filing an injury claim can help cover these financial burdens.

Potential Compensation in a Vermont Jaywalking Accident

If you are successful in your injury claim, you may be able to recover compensation for:

  • Medical expenses (past and future)
  • Lost wages and reduced earning capacity
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life

In rare cases involving particularly reckless behavior by the driver, punitive damages may also be awarded. However, punitive damages are less common and typically reserved for situations involving egregious misconduct, such as drunk driving.

Steps to Take After Being Hit While Jaywalking

If you are hit by a vehicle while jaywalking, taking the right steps immediately afterward can help protect your rights:

  • Call 911 and report the accident. Make sure a police report is filed.
  • Seek medical attention right away, even if you think your injuries are minor.
  • Document the scene by taking photos of the location, your injuries, and the vehicle involved.
  • Collect contact information from witnesses.
  • Avoid admitting fault at the scene.
  • Consult a Vermont personal injury lawyer before speaking to the driver's insurance company.

Time limits also matter. Vermont's statute of limitations for personal injury claims is three years from the date of the accident (12 V.S.A. § 512). Missing this deadline could prevent you from recovering any compensation.

Conclusion

While jaywalking can impact your ability to file an injury claim in Vermont, it does not automatically eliminate your right to seek compensation. Vermont's comparative negligence system allows pedestrians to recover damages as long as they are found to be less than 50% at fault. Each accident is unique, and determining liability often requires a thorough investigation. If you were hit while jaywalking, speaking with an experienced Vermont personal injury attorney can help you understand your rights and fight for the compensation you deserve.

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