Pedestrian safety has become a growing concern in Vermont, especially as distracted walking incidents continue to rise. With smartphones, earbuds, and other distractions, pedestrians may be more vulnerable than ever—not only to injury, but to legal accountability. While motorists often carry the bulk of the blame in pedestrian accidents, Vermont law does not automatically absolve pedestrians of responsibility. In some cases, an injured pedestrian may be partially or entirely at fault.

This article explores how distracted walking affects liability in Vermont personal injury cases, what legal standards apply, and how compensation may be impacted when pedestrians share in the fault.

How Distracted Walking Can Lead to Injury

Common Distractions Among Pedestrians

Distracted walking refers to any activity that diverts a pedestrian’s attention from their surroundings. The most common distractions include:

  • Texting or browsing on a phone
  • Wearing headphones or earbuds
  • Eating or drinking while walking
  • Talking to others without paying attention to surroundings
  • Engaging with wearable tech (e.g., smartwatches)

These behaviors can cause pedestrians to miss traffic signals, walk into intersections unsafely, or even fall into open construction zones or trip hazards. A 2022 study by the Governors Highway Safety Association highlighted the growing number of pedestrian deaths nationwide, and distraction—both on the part of drivers and walkers—was cited as a significant contributor.

Vermont’s Comparative Negligence Rule: What is Means for Pedestrian Injury Claims

Vermont follows a modified comparative negligence system, which allows an injured person to recover damages only if they are less than 51% at fault for the accident. If a pedestrian is found to be 51% or more responsible, they are barred from collecting any compensation.

If a pedestrian is determined to be partially at fault (but less than 51%), any damages awarded will be reduced by their percentage of responsibility. For example:

  • Damages for the pedestrian's personal injury claim amount to $100,000
  • They are found 30% at fault for being distracted
  • Their final award would be reduced to $70,000

This system incentivizes shared accountability and requires all parties to exercise reasonable caution—drivers and pedestrians alike.

When Pedestrians May Be Found Liable for a Pedestrian Accident in Vermont

Examples of Pedestrian Fault in Vermont

Pedestrians are expected to follow traffic laws, use crosswalks, obey walk signals, and avoid entering traffic unpredictably. Here are examples of scenarios where a pedestrian could be found partially or fully liable:

  • Jaywalking while looking at a phone
  • Crossing against the traffic signal while wearing headphones
  • Stumbling into the road while texting or distracted by media
  • Walking into construction zones without noticing posted signage

While Vermont courts will still consider the driver's actions—such as speeding, distracted driving, or failing to yield—a distracted pedestrian's behavior may weigh heavily in determining liability.

How Fault Is Determined in a Vermont Pedestrian Accident

Investigating the Accident Scene

Establishing fault in a pedestrian accident typically involves:

Each piece of evidence helps determine whether the pedestrian was attentive, followed laws, and acted reasonably. If, for example, footage shows a pedestrian stepping into traffic while looking down at a phone, that behavior may support a finding of shared fault.

Impact on Personal Injury Compensation

Damages Subject to Reduction

If a pedestrian is partially liable for their injury, their financial recovery may include:

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

However, the total compensation will be reduced by their share of fault. An injured pedestrian who would otherwise be entitled to $200,000 may receive significantly less if they were distracted and contributed to the accident.

Insurance Company Strategies in These Cases

How Insurers Try to Shift Blame

Insurance companies representing drivers often look for ways to reduce payouts by shifting partial blame to the pedestrian. Common tactics include:

  • Arguing the pedestrian was using a phone
  • Claiming the pedestrian crossed outside a designated crosswalk
  • Highlighting any lack of visibility or pedestrian behavior that contributed to the crash

This makes it especially important for injured pedestrians to have strong legal representation that can push back against these strategies and present a complete picture of what happened.

Legal Options for Injured Pedestrians in Vermont

Why Legal Counsel Matters

Pedestrian accident claims can become complicated when questions of fault arise. An experienced personal injury attorney can help:

  • Investigate the scene and preserve evidence
  • Push back against exaggerated claims of pedestrian fault
  • Calculate accurate damages
  • Negotiate with insurance providers
  • Represent the injured party in court if needed

Even when a pedestrian is partially at fault, they may still be eligible for significant compensation under Vermont’s comparative negligence law. The key is to build a case that clearly outlines each party’s role and challenges any unfair assignment of blame.

Tips to Avoid Distracted Walking Injuries

Proactive Measures Can Reduce Risk

To minimize the risk of injury and avoid complications in the event of an accident, pedestrians should:

  • Put away phones while crossing streets
  • Use crosswalks and obey traffic signals
  • Avoid using headphones in high-traffic areas
  • Stay alert when walking near construction zones or uneven surfaces
  • Walk defensively—anticipate drivers who may not see you

These simple habits can help keep pedestrians safe and also reduce legal exposure in the unfortunate event of an accident.

Conclusion

In Vermont, pedestrians can be held partially liable for their own injuries if distraction contributed to the accident. Under the state’s comparative negligence system, this means reduced compensation—or none at all if they are found mostly at fault. With distracted walking becoming increasingly common, understanding how these behaviors impact legal claims is vital. By staying alert and informed, pedestrians not only protect themselves physically but also safeguard their right to seek fair compensation when things go wrong.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Vermont personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.

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