A personal injury can be a disorienting and distressing experience, leaving you with physical pain, emotional trauma, and unexpected financial burdens. When someone else's carelessness is the cause of your suffering, you have the right to seek compensation. However, the process is not always straightforward. In Vermont, the legal principle of comparative negligence plays a significant role in determining the outcome of personal injury claims.

This system acknowledges that sometimes, more than one person is at fault for an accident. Understanding how Vermont law addresses shared responsibility is fundamental for anyone considering a personal injury claim. It can directly impact whether you can recover damages and how much compensation you might receive. This guide will walk you through Vermont's comparative negligence rules, explaining how they function and what they mean for your case.

Comparative Negligence in Vermont Personal Injury Cases

Comparative negligence is a legal doctrine used to assign fault and distribute damages in VT personal injury cases. It replaces the older, harsher rule of contributory negligence, which barred a person from recovering any damages if they were found to be even slightly at fault for their own injuries.

Most states, including Vermont, have recognized the inherent unfairness of the contributory negligence system. Instead, they have adopted a comparative approach that allows an injured party to recover damages even if they are partially to blame. However, the amount of compensation they receive is reduced by their percentage of fault.

Vermont’s Modified Comparative Negligence Rule: The 51% Bar

Vermont follows a modified comparative negligence system, as outlined in 12 V.S.A. § 1036. This specific model is sometimes referred to as the "51% bar" rule.

Here’s what it means in practice:

• You can recover damages as long as your percentage of fault is not greater than the fault of the other party (or parties) involved. In other words, your share of the blame must be 50% or less.
• If you are found to be 51% or more at fault, you are barred from recovering any compensation at all.
• If your fault is determined to be 50% or less, your total damages will be reduced proportionally. For example, if you are awarded $100,000 in damages but are found to be 30% at fault, your award will be reduced by 30%, leaving you with $70,000.

This system aims to create a more equitable outcome by ensuring that a person who is primarily responsible for an accident cannot collect damages from someone who was less at fault. At the same time, it prevents a slightly negligent person from being left with the entire financial burden of their injuries.

How Is Fault Determined in a Vermont Personal Injury Claim?

Assigning a percentage of fault is a complex process that lies at the heart of any personal injury claim in Vermont. It is not a simple mathematical calculation but a judgment based on the specific facts and evidence of the case. Insurance adjusters, attorneys, judges, and juries all play a role in this determination.

Several factors are considered when allocating fault:

• Breach of Duty of Care: Every individual has a "duty of care" to act with reasonable caution to avoid harming others. A driver has a duty to obey traffic laws, and a property owner has a duty to keep their premises safe. The first step is to determine who failed to meet this standard.
• Causation: The actions (or inaction) of each party must be directly linked to the accident and the resulting injuries.
• Evidence: The allocation of fault is heavily reliant on evidence. This can include:
  • Police reports: These often contain the responding officer's initial assessment of the accident scene and any citations issued.
  • Witness statements: Eyewitness accounts can provide an objective perspective on what happened.
  • Photographs and video footage: Surveillance videos, dashcam recordings, and photos of the scene can offer indisputable proof.
  • Expert testimony: Accident reconstruction specialists or medical experts may be called upon to provide professional opinions.

Because so much is at stake, the battle over the percentage of fault is often the most contentious part of a Vermont personal injury case. An experienced personal injury lawyer can be instrumental in gathering the necessary evidence and building a compelling argument to minimize your share of the fault.

The Impact of Comparative Negligence on Different Types of Personal Injury Cases

Comparative negligence applies to nearly all types of personal injury claims. Let's explore how it works in some common scenarios.

Car Accidents

According to the Vermont Agency of Transportation, our state's roads saw over 1,700 injury-causing crashes in a single recent year, a statistic representing thousands of individuals who, like you, suddenly found their lives disrupted. 

Car accidents are a prime example of how fault can be shared. Imagine a situation where one driver runs a red light and T-bones another vehicle. The driver who ran the light is clearly at fault. However, what if the other driver was speeding at the time of the collision?

In this case, a jury might determine that the driver who ran the red light is 80% at fault, while the speeding driver is 20% at fault. If the speeding driver's damages total $50,000, their award would be reduced by their 20% of fault, resulting in a final compensation of $40,000.

If, however, the jury decided the speeding was a more significant factor and assigned 51% of the blame to that driver, they would receive nothing.

Slip and Fall Accidents (Premises Liability)

Property owners have a legal obligation to maintain a safe environment for visitors. This includes addressing hazards like wet floors, icy sidewalks, or broken stairs. When they fail to do so, they can be held liable for any resulting injuries.

However, the visitor also has a responsibility to watch where they are going and avoid obvious dangers. This is where comparative negligence comes into play.

Consider a shopper who slips on a puddle of spilled liquid in a grocery store. The store may be at fault for not cleaning it up in a timely manner. But what if the shopper was texting on their phone and not paying attention to their surroundings? A court might find the shopper partially responsible for the accident. If the store is found 85% at fault and the shopper 15% at fault, the shopper's compensation will be reduced by 15%.

The "open and obvious" doctrine is also relevant here. If a hazard is so apparent that a reasonable person would be expected to see and avoid it, the property owner's liability may be reduced or eliminated.

Medical Malpractice

Medical malpractice claims are particularly complex, but they are also subject to comparative negligence. A patient's conduct can sometimes contribute to a negative medical outcome. For example, if a doctor prescribes a medication but the patient fails to take it as directed or fails to disclose their full medical history, they may be found partially at fault.

If a patient's non-compliance with a doctor's orders is determined to have contributed 10% to their injury, their damage award in a successful malpractice suit would be reduced by that amount. This is why it is so important for patients to follow medical advice and be transparent with their healthcare providers.

What Types of Damages Are Affected by Comparative Negligence?

You can seek compensation for various types of damages in a Vermont personal injury claim, which are categorized as economic and non-economic damages. Comparative negligence affects the total amount of damages you can recover.

• Economic Damages: These are the tangible, out-of-pocket financial losses you have incurred. They are easily quantifiable and include
  • Medical bills (past and future)
  • Lost wages and loss of earning capacity
  • Property damage (e.g., vehicle repairs)
  • Rehabilitation and physical therapy costs
• Non-Economic Damages: These are the intangible losses related to your pain and suffering. They are more subjective and harder to calculate, but they are a very real part of the harm you have endured. They include:
  • Physical pain and suffering
  • Emotional distress and mental anguish
  • Loss of enjoyment of life
  • Permanent disability or disfigurement

After a jury determines the total value of your economic and non-economic damages, the judge will apply the comparative negligence rule. The total award is reduced by your percentage of fault. If your fault is 51% or more, the entire award—both economic and non-economic—is eliminated.

Why You Need a Personal Injury Lawyer in Vermont

Navigating a Vermont personal injury claim can be challenging, especially when the other party's insurance company is trying to shift as much blame as possible onto you. Insurance adjusters are trained negotiators whose goal is to minimize payouts. They will scrutinize your every action leading up to the accident to find evidence of fault.

This is why having a skilled personal injury lawyer in Vermont is so important. An experienced attorney can protect your rights and level the playing field.

Hiring a Vermont personal injury lawyer can help by:

• Conducting a Thorough Investigation: We will gather all available evidence, including police reports, medical records, and witness statements, to build the strongest possible case on your behalf.
• Hiring Experts: We work with a network of respected experts, such as accident reconstructionists and medical professionals, who can provide testimony to support your claim.
• Negotiating with Insurance Companies: We will handle all communications with the insurance company, fighting back against unfair attempts to assign you blame and working to negotiate a fair settlement.
• Representing You in Court: If a fair settlement cannot be reached, we are fully prepared to take your case to trial and advocate for your interests before a judge and jury.

Our deep understanding of Vermont's comparative negligence laws allows us to anticipate the other side's strategies and build a proactive case designed to maximize your compensation.

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

If you have been injured in an accident, don't let concerns about partial fault prevent you from exploring your legal options. The complexities of comparative negligence make it essential to have a knowledgeable advocate on your side. The team at Brandon J. Broderick, Attorney at Law, is here to help you understand your rights and fight for the compensation you deserve.

We offer a free, no-obligation consultation to discuss your Vermont personal injury case. We work on a contingency fee basis, which means you pay no upfront costs, and we only get paid if we win your case.

Contact us today to schedule your free consultation and take the first step toward getting your life back on track.