Losing a loved one in a sudden car accident can leave a family facing difficult questions about what happened, who was responsible, and what legal options may be available. Those questions can become even harder when another driver appears to have caused the crash without ever making physical contact with your loved one’s vehicle.
Can you file a wrongful death claim after a no-contact car accident in Vermont? Yes. The deceased person’s personal representative may bring a Vermont wrongful death lawsuit if the evidence shows that another driver’s negligence caused the fatal crash, even though the vehicles never collided.
These cases often depend heavily on evidence showing what the other driver did and how that conduct led to the crash. If the responsible driver cannot be identified, uninsured-motorist coverage may also provide a potential source of compensation.
Key Takeaways: Filing a Vermont Wrongful Death Claim After a No-Contact Crash
- Physical contact is not required: A wrongful death claim may be possible if another driver’s negligent conduct caused the fatal crash, even though the vehicles never touched.
- The personal representative files the case: Surviving family members may benefit from the recovery, but Vermont generally requires the deceased person’s personal representative to bring the wrongful death action.
- Evidence must establish negligence and causation: The claim must connect another driver’s actions to the fatal crash, but no single type of evidence, such as an independent eyewitness, is required in every case.
- Uninsured-motorist coverage may apply: A hit-and-run or unidentified driver may qualify for uninsured-motorist coverage even when there was no physical contact, subject to the policy terms and proof of the claim.
- The filing deadline is generally two years: Vermont wrongful death actions generally must be filed within two years after discovery of the death, although homicide-related cases and certain other circumstances can affect the deadline.
What Is a No-Contact Car Accident in Vermont?
A no-contact accident occurs when another motorist creates a dangerous situation that causes a driver to crash even though the vehicles never collide. For example, another driver might suddenly enter a lane, cross the centerline, fail to yield, or make an unsafe passing maneuver that forces someone to swerve off the road or into another object.
A driver may be held liable for the resulting crash even though their vehicle never touched the deceased driver’s vehicle.
Some no-contact cases involve what is commonly called a “phantom vehicle.” This generally refers to a vehicle that contributes to a crash but leaves the scene before the driver can be identified. In these cases, the focus is on the sequence of events and whether the unidentified driver’s conduct caused the accident.
Liability depends on the concept of negligence. The personal representative generally must establish that the other driver failed to act with reasonable care and that this failure caused the fatal crash.
What Must You Prove in a No-Contact Wrongful Death Case?
Vermont law does not require the vehicles to have physically collided before negligence can result in liability. The personal representative must still prove that another driver’s conduct caused or contributed to the crash.
Evidence may be especially important in a no-contact case because there may be no vehicle damage directly connecting the two motorists.
Relevant evidence may include:
- Witness statements describing the other vehicle or its movements
- Surveillance, traffic-camera, dash-camera, or doorbell-camera footage
- Police reports and investigative findings
- Tire marks, vehicle damage, and other physical evidence from the scene
- Vehicle or electronic data
- Photographs and measurements from the crash location
- Accident-reconstruction evidence
- Statements from people who saw the events immediately before or after the crash
An independent eyewitness can be extremely helpful, but Vermont does not make independent witness testimony mandatory in every no-contact uninsured-motorist claim.
The personal representative of the deceased person's estate generally has the authority to file the wrongful death lawsuit on behalf of the surviving spouse and next of kin.
How Do You Prove That Another Driver Caused the Crash?
A wrongful death plaintiff generally must prove the case by a preponderance of the evidence. In practical terms, that means showing that it is more likely than not that the other driver’s negligence caused the fatal accident.
Evidence of traffic violations may help establish negligence. For example, speeding, failing to yield, crossing the centerline, or making an unsafe lane change may support a claim when that conduct contributed to the crash.
The evidence must also establish causation. In a no-contact case, this may mean showing that the other driver’s maneuver created the danger that caused the deceased driver to take evasive action and crash.
For example, if another driver suddenly crossed into the deceased driver’s lane and the deceased swerved to avoid a collision before leaving the roadway, evidence connecting those events could support a finding that the other driver’s negligence caused the accident.
What Evidence Can Help Prove a No-Contact Accident?
Independent documentation can be particularly valuable when there was no physical collision between the vehicles.
Surveillance video from nearby businesses, homes, traffic cameras, or other sources may show the unidentified vehicle and the events leading to the crash. Video may also help investigators identify the vehicle’s make, model, color, direction of travel, or license plate.
Because some recordings are automatically overwritten, obtaining available footage quickly may be important.
Eyewitness testimony can also help explain the speed, position, and actions of the vehicles. However, it is only one potential form of evidence.
Physical evidence from the scene can also provide important information. Tire marks, the vehicle’s final resting position, roadway conditions, debris patterns, and vehicle damage may help accident-reconstruction professionals determine what happened immediately before the crash.
Can Uninsured-Motorist Coverage Apply to a Phantom Vehicle in Vermont?
Yes. Uninsured-motorist coverage may provide a potential avenue for recovery when an unidentified or hit-and-run driver causes a fatal no-contact crash.
Vermont requires qualifying motor-vehicle liability policies to provide protection for insured people who are legally entitled to recover damages from uninsured, underinsured, or hit-and-run motorists, including damages resulting from death.
Vermont insurance regulators say an insurer cannot deny hit-and-run coverage simply because the unidentified vehicle never made physical contact with your car. A no-contact crash may therefore qualify if the claimant can prove that the unidentified driver’s conduct caused the accident.
Coverage is not automatic. The claimant must still establish that the deceased was insured under the applicable policy and that the unidentified driver was legally responsible for the crash. Policy requirements involving notice, cooperation, proof of the claim, exclusions, and coverage limits may also apply.
Witness accounts, police reports, video footage, physical evidence, and accident-reconstruction evidence may all help establish the claim.
Filing an uninsured motorist claim may involve negotiations with the insurance company over liability, damages, and available coverage. The policy limits generally determine the maximum amount available through that particular coverage.
What Damages Are Available in a Vermont Wrongful Death Claim?
Vermont wrongful death damages are based on the pecuniary injuries suffered by the surviving spouse and next of kin. Depending on the evidence and the relationship between the beneficiary and the deceased, those losses may include lost financial support, services, care, guidance, and loss of companionship.
Reasonable funeral and burial expenses may also be recoverable as part of a Vermont wrongful death claim.
Separate estate or survival claims may address certain losses that belonged to the deceased person before death rather than to the wrongful death beneficiaries. The availability of those damages depends on the circumstances and the type of claim being pursued.
| Category of Damages | Potential Recovery |
|---|---|
| Funeral and Burial Expenses | Reasonable funeral and burial expenses resulting from the death may be recoverable as pecuniary injuries. |
| Medical Expenses | Depending on the circumstances, certain medical expenses related to the fatal injury may be recoverable through an appropriate estate or related claim. |
| Lost Financial Support | Surviving beneficiaries may recover financial contributions or support they reasonably would have received from the deceased. |
| Loss of Companionship | Loss of companionship, care, guidance, and similar relationship-based losses may qualify as pecuniary injuries when supported by the evidence. |
Vermont does not impose a general statutory cap on compensatory damages in wrongful death cases. The value of a claim depends on the circumstances of the deceased person, the beneficiaries, and the evidence supporting their losses.
Can the Deceased Driver Be Partially at Fault?
Yes. Vermont follows modified comparative negligence under 12 V.S.A. § 1036.
Recovery is not barred unless the deceased person’s causal negligence was greater than the combined causal negligence of the defendant or defendants.
In a case involving one defendant, that generally means the deceased may still recover if their share of fault is 50% or less. In cases involving multiple defendants, Vermont compares the deceased person’s negligence with the combined causal negligence of the defendants. Any recovery is reduced according to the percentage of fault assigned to the deceased.
For example, suppose a jury determines that another driver caused a no-contact crash but concludes that the deceased driver was 20% responsible because of excessive speed. The recoverable damages would generally be reduced by 20%.
In a no-contact case, the other side may argue that the deceased driver contributed to the crash by speeding, reacting unreasonably, or failing to maintain control. Evidence showing how suddenly the dangerous situation developed and why the deceased driver’s reaction was reasonable may therefore become especially important.
How Long Do You Have to File a Vermont Wrongful Death Claim?
Vermont law imposes strict deadlines for filing wrongful death lawsuits, although the applicable period can change in certain circumstances.
Under 14 V.S.A. § 1492, a Vermont wrongful death action generally must be commenced within two years after discovery of the person’s death.
The statute also contains special timing provisions. For example, a longer period may apply when the death occurred under circumstances supporting probable cause for a homicide charge. Vermont law also contains provisions addressing situations in which the defendant is outside the state.
Because these rules can affect how the filing period is calculated, the deadline should be evaluated under the statute rather than assumed to run automatically from the accident date.
In cases involving an unidentified or phantom vehicle, beginning the investigation quickly may also improve the chances of locating the responsible driver and preserving evidence such as surveillance footage, witness information, and vehicle data.
Frequently Asked Questions About Vermont Wrongful Death Claims
Who Can File a Wrongful Death Lawsuit in Vermont?
The personal representative of the deceased person’s estate generally has the authority to file a wrongful death lawsuit in Vermont.
The action is brought for the benefit of the surviving spouse and next of kin. Any recovery is distributed according to the losses suffered by the eligible beneficiaries.
Does a Phantom Vehicle Have to Hit Your Car for Uninsured-Motorist Coverage to Apply?
Not necessarily. Vermont insurance regulators say an insurer cannot deny hit-and-run coverage simply because the unidentified vehicle never made physical contact with your car.
The claimant must still prove that the unidentified driver caused the crash and satisfy the applicable policy requirements.
Do You Need an Eyewitness for a No-Contact Accident Claim?
Not in every case. An independent witness may provide valuable evidence, but other forms of proof can also establish what happened.
Video footage, police investigation, vehicle data, physical evidence, photographs, statements, and accident-reconstruction evidence may help establish the existence and actions of the other vehicle.
Can You Recover Compensation if the Deceased Driver Shared Fault?
Yes, depending on the percentage of fault.
Vermont permits recovery when the deceased person’s causal negligence is not greater than the combined causal negligence of the defendant or defendants. The compensation is reduced according to the deceased person’s percentage of fault.
Need Legal Help? Brandon J. Broderick, Attorney at Law, Is Here for You
At Brandon J. Broderick, Attorney at Law, we believe everyone deserves top-tier legal representation, regardless of their financial situation or the complexity of their case. Losing a loved one unexpectedly can leave your family facing difficult legal and financial questions, especially when the responsible driver cannot immediately be identified.
Our team is available 24/7 to listen to your story, evaluate the available evidence, and explain your family’s legal options. Contact us today for a free, no-obligation consultation.