You are driving home after a normal commute when another vehicle suddenly crosses into your lane. The other driver says they were distracted for only a moment, but the crash leaves you with injuries, medical bills, and questions about who should be responsible.

In Vermont, you may be able to sue a distracted driver after a car accident if the driver's lack of attention caused the crash and your injuries. Vermont prohibits texting while driving and generally prohibits drivers from using handheld portable electronic devices behind the wheel. A violation can be important evidence in a negligence claim, but a citation alone does not resolve every issue of civil liability.

Read on to see how distracted driving claims are evaluated in Vermont and what evidence may help support your case.

Key Takeaways: Suing a Distracted Driver After a Vermont Car Accident

• You may be able to file a claim against a distracted driver in Vermont if their lack of attention contributed to the crash and caused your injuries.
• Evidence such as phone records, witness statements, police reports, and video footage can help show whether distraction played a role in the accident.
• A distracted driving ticket does not automatically prove civil liability because a personal injury claim requires evidence of negligence and damages.
• Vermont's comparative negligence rules may reduce compensation if the injured person also shares responsibility for the accident.
• Medical records, income documentation, and repair estimates can help show the financial impact of a distracted driving crash.

How Distracted Driving Accidents Are Handled Under Vermont Law

A distracted driver may be held responsible for an accident when their actions fall below the level of care expected from a reasonable driver, and those actions cause harm. In Vermont, these cases are generally based on negligence principles rather than the traffic violation alone.

Many distracted driving cases begin with an insurance claim. A lawsuit may become necessary if liability, damages, or settlement cannot be resolved through the claims process. For a personal injury claim, the injured person typically must show:

• the driver had a duty to operate the vehicle safely
• the driver failed to meet that duty
• the driver's breach caused or contributed to causing the accident
• the accident caused injuries and compensable losses

For example, a driver who looks down at a phone, misses a stopped vehicle, and causes a rear-end collision may have acted negligently. The claim would still require evidence connecting the driver's distraction to the crash and showing the resulting damages.

Vermont also follows a comparative negligence system. Under 12 V.S.A. § 1036, a person's recovery may be reduced based on their percentage of fault. A person who is found more responsible than all defendants combined generally cannot recover damages under Vermont's comparative negligence rule.

This means a distracted driver claim may involve questions about both drivers' actions. A traffic citation may become useful evidence, but the civil claim still focuses on whether the driver's conduct caused the injuries and losses.

What Counts as Distracted Driving in Vermont?

Distracted driving can involve any activity that takes attention away from safely operating a vehicle. Although texting and phone use often receive the most attention, distraction can happen in many ways.

Common examples include:

• reading or sending text messages
• looking at a phone screen
• adjusting navigation or entertainment systems
• eating or drinking while driving
• reaching for objects inside the vehicle
• becoming focused on passengers or another activity

Distraction generally falls into three categories:

Visual distraction occurs when a driver takes their eyes off the road.

Examples include looking at a phone notification, checking a GPS screen, or watching something inside the vehicle.

Manual distraction occurs when a driver removes their hands from the steering wheel.

Examples include holding a phone, typing a message, or reaching for an object.

Cognitive distraction occurs when a driver's attention is focused somewhere other than driving.

Examples include becoming deeply involved in a conversation or focusing on an unrelated task.

Vermont law specifically restricts electronic-device use behind the wheel. Under 23 V.S.A. § 1095a, drivers generally may not use a handheld portable electronic device while operating a motor vehicle, including while temporarily stopped in traffic or at a traffic signal. Hands-free use and certain other limited uses are permitted. Vermont also separately prohibits texting while driving under 23 V.S.A. § 1099.

Junior operators face additional restrictions. Under 23 V.S.A. § 1095a, drivers under age 18 generally may not use portable electronic devices while operating a motor vehicle on a public highway, subject to limited exceptions such as emergency communications.

A violation of one of these laws can be relevant in a civil claim, but distraction does not have to involve illegal phone use to constitute negligence. Eating, interacting with passengers, reaching for an object, or another activity that causes a driver to operate the vehicle without reasonable care may also support a negligence claim depending on the circumstances.

How to Prove a Driver Was Distracted

A distracted driving claim often depends on evidence showing what the driver was doing shortly before the collision and whether that behavior contributed to the crash. A driver's statement may provide useful information, but many cases require additional proof to establish how the accident happened.

Evidence that may help show distraction includes:

• Police reports, which may include the responding officer's observations, statements from the drivers and witnesses, and any citations issued. A distracted driving citation may support a personal injury claim, though it does not automatically establish liability.
• Witness statements from people who saw the driver looking down at a phone, drifting between lanes, or failing to react to traffic conditions before the collision.
• Photographs from the accident scene showing vehicle damage, skid marks, debris, road conditions, traffic signals, or other details that may help explain how the crash occurred.
• Surveillance footage or dash camera recordings capturing the driver's actions, vehicle movements, or traffic conditions leading up to the accident.
• Cellphone and other electronic records, when available and obtained through the appropriate legal process, which may help establish calls, messages, or other device activity around the time of the collision.
• Vehicle data, when available, which may provide information about speed, braking, steering inputs, or other vehicle operations before impact.

Direct proof, such as an admission from the driver, is not always available. Courts and insurance companies often evaluate several pieces of evidence together to determine whether distraction likely contributed to the crash.

Vehicle technology may also provide information in some cases. Certain vehicles collect crash-related data or information through connected systems, although the availability and type of information depend on the vehicle and circumstances of the accident.

It is also important to separate suspected distraction from proven cause. A driver may have been using a phone earlier in the day, but a personal injury claim generally focuses on whether the distraction occurred close enough to the crash and contributed to the collision.

Does a Distracted Driving Ticket Prove Liability in Vermont?

A distracted driving citation does not automatically establish civil liability. However, violation of an applicable safety statute can have important consequences in a Vermont negligence case. Vermont courts have held that proof of a safety-statute violation may create a prima facie case of negligence, although the presumption can be rebutted.

Even when a statutory violation is established, an injured person must still prove that the driver's conduct caused the collision and resulted in compensable injuries or losses. Likewise, the fact that police did not issue a citation does not necessarily prevent an injured person from proving negligence through other evidence.

The same applies when no citation is issued. A driver may still be responsible for a crash if other evidence shows they were distracted and their actions caused injuries.

The facts surrounding each collision matter. Evidence such as witness statements, accident reports, photographs, medical records, and video footage can all help establish what happened before, during, and after the crash.

What Damages May Be Available After a Distracted Driving Crash?

A distracted driving accident can create financial losses that extend beyond vehicle repairs. If another driver's negligence caused the crash, a personal injury claim may involve compensation for different types of damages.

Depending on the circumstances, a claim arising from a distracted-driving accident may seek compensation for personal injuries as well as property-related losses. Potential damages can include:

• medical expenses
• rehabilitation costs
• lost wages
• reduced earning capacity
• property damage
• pain and suffering
• emotional distress

Medical records often play an important role in showing the connection between the accident and the injuries. Documentation from emergency treatment, follow-up appointments, physical therapy, and specialists can help explain the severity of the harm caused by the collision.

Financial records may also become relevant. Pay stubs, employment records, and other documentation can help show how an injury affected someone's ability to work.

The value of a claim depends on the facts involved, including the severity of the injuries, available evidence, insurance coverage, and each party's level of responsibility under Vermont law.

How Comparative Negligence Can Affect the Claim

Not every accident involves fault on only one side. Vermont follows a modified comparative negligence rule under 12 V.S.A. § 1036, which means compensation may be reduced if an injured person is found partly responsible for the crash. A person generally cannot recover damages if they are more at fault than the combined negligence of the defendant or defendants.

For example, a driver may have been looking at a phone before the collision, but the other driver may also have been speeding or making an unsafe lane change. In those situations, the court or insurance company may evaluate each party's role in causing the accident when determining compensation.

Comparative negligence does not automatically prevent an injured person from filing a claim, though it may affect the amount of damages that can ultimately be recovered.

What to Do After a Distracted Driver Accident

The steps taken after a crash can affect both medical recovery and a personal injury claim.

If possible, consider taking these steps:

• Seek medical evaluation, even if injuries seem minor at first.
• Report the accident and cooperate with law enforcement.
• Take photographs of the vehicles, road conditions, traffic signs, and any visible injuries.
• Collect contact information for witnesses.
• Keep medical records, repair estimates, and receipts related to the accident.
• Avoid repairing or disposing of damaged property until it has been documented, if practical.

If fault is disputed or the injuries are significant, a Vermont personal injury attorney can help review the available evidence, communicate with insurance companies, and explain the legal options based on the facts of the case.

Frequently Asked Questions

Can I sue a distracted driver in Vermont if they were using a cellphone?

Possibly. You may be able to pursue a personal injury claim if the driver's cellphone use contributed to the accident and caused your injuries. Evidence such as witness statements, phone records, video footage, and police reports may help establish what happened.

Does a distracted driving ticket prove the other driver was at fault?

No. A traffic citation may support your claim, but it does not automatically establish civil liability. You still generally need to show that the driver's negligence caused the accident and your injuries.

What if I was partly responsible for the accident?

Vermont follows a modified comparative negligence rule. If you share responsibility for the crash, your compensation may be reduced based on your percentage of fault. Recovery is generally not available if you are found more at fault than the combined negligence of the defendant or defendants under 12 V.S.A. § 1036.

Can phone records be used as evidence after a car accident?

Yes, in some cases. Phone records obtained through the appropriate legal process may help show whether a driver was using a device around the time of the collision. They are typically considered alongside other evidence, such as witness statements, police reports, and video footage.

How long do I have to file a car accident lawsuit in Vermont?

Vermont law generally gives an injured person three years to file a personal injury lawsuit. Under 12 V.S.A. § 512, the limitations period for personal injury claims generally runs from the date the injury is discovered. In many car accident cases, that will be the date of the crash, but the applicable deadline can depend on the circumstances.

Brandon J. Broderick, Attorney at Law, Can Help After a Distracted Driving Accident

Distracted driving cases often depend on the evidence available after the crash. Phone records, witness statements, photographs, medical documentation, and other evidence may all help explain how the collision occurred and who was responsible. Vermont's comparative negligence law can also affect how a claim is evaluated, making a careful review of the facts important.

If you were injured in a distracted driving accident, Brandon J. Broderick, Attorney at Law, can review your case, explain how Vermont law may apply, and discuss the legal options available. Contact our office today for a free consultation.