Vermont is known for its scenic byways, rolling Green Mountains, and generally relaxed pace of life. However, even on the quietest country roads or the busiest stretches of I-89 near Burlington, tensions can flare. A driver cuts you off, someone tailgates aggressively, or a misunderstanding at a four-way stop escalates into a shouting match. In these moments, "road rage" becomes more than just a feeling—it becomes a potential legal crisis.

Many drivers assume that expressing anger behind the wheel is simply a bad habit, but in Vermont, it can lead to serious legal consequences. While you might not find a statute explicitly titled "Road Rage" in the state’s law books, the behaviors associated with it are heavily penalized under various criminal and traffic laws.

For victims left dealing with the emotional trauma or physical damage of such an incident, the most pressing question is often whether the law is on their side. You need to know if the person who endangered your family will face actual consequences or simply drive away with a warning. This article explores Vermont's road rage laws and criminal statutes that transform a traffic dispute into a punishable offense. We break down how the state penalizes aggressive driving in Vermont, the difference between a civil infraction and a crime, and how existing traffic safety regulations are used to hold dangerous drivers accountable for their actions.

What Constitutes Road Rage and Aggressive Driving in Vermont?

To navigate the legal landscape, it is essential to distinguish between two terms often used interchangeably: aggressive driving and road rage. While they may look similar to an observer, the law treats them differently based on intent and severity.

Aggressive Driving

Aggressive driving generally refers to a combination of moving traffic violations that endanger other individuals or property. These are typically offenses where the driver is impatient or reckless but not necessarily trying to assault another person. Examples include:

• Speeding significantly over the limit
• Following too closely (tailgating)
• Unsafe lane changes without signaling
• Running red lights or stop signs

Road Rage

Road rage, on the other hand, is an escalation of aggressive driving into violent or criminal territory. It involves specific intent to harm, intimidate, or threaten another driver, passenger, or pedestrian. This moves the issue from a traffic infraction to a criminal offense. Behaviors that define road rage include:

• Using a vehicle as a weapon, such as trying to run someone off the road, is one of the behaviors that define road rage.
• Getting out of the vehicle to confront or physically attack another driver
• Brandishing a weapon
• Excessive and threatening use of the horn or lights, along with verbal threats, constitutes road rage.

Law enforcement officers and prosecutors in Vermont look at the specific actions taken to determine whether to issue a civil traffic ticket or press criminal charges.

Is Road Rage a Crime in Vermont?

The short answer is that while there is no single crime labeled "Road Rage" in the Vermont Statutes Annotated, the actions that constitute road rage are definitely crimes. If you engage in road rage, you will likely be charged under existing statutes such as Negligent Operation, Gross Negligent Operation, Disorderly Conduct, or Simple Assault.

The absence of a specific "road rage" label does not mean the state takes it lightly. On the contrary, Vermont prosecutors can stack multiple charges against a driver who loses their temper. A single incident of road rage can result in a complex web of legal trouble, involving both criminal court for the behavior and administrative hearings for your driving privileges.

Key Vermont Road Rage Laws and Statutes

The most common legal tool used by Vermont police to combat dangerous driving behaviors is the statute covering Negligent Operation and Grossly Negligent Operation. These are found in 23 V.S.A. § 1091.

Negligent Operation (23 V.S.A. § 1091(a))

This statute applies when a person operates a motor vehicle on a public highway in a negligent manner. The law defines negligence as a breach of the duty to exercise "ordinary care."

• The Standard: The court examines whether the driver failed to act as a reasonably prudent person would have in similar circumstances.
• The Consequence: Unlike a standard speeding ticket, a conviction for Negligent Operation is a criminal offense, not just a civil infraction. It appears on your criminal record.

Grossly Negligent Operation (23 V.S.A. § 1091(b))

This offense is a more severe charge often applied in road rage cases where the driving was particularly dangerous. Gross negligence is defined as conduct that involves a "gross deviation" from the care a reasonable person would exercise.

• The Standard: To prove this, the state must show the driver essentially disregarded the safety of others entirely.
• The Scenario: If a driver is weaving through traffic at 100 mph to chase another car or brake-checking someone on an icy highway, prosecutors will likely upgrade the charge to Grossly Negligent Operation.

Road Rage Criminal Charges in Vermont: Assault and Disorderly Conduct

When road rage involves interactions that go beyond the driving itself—such as shouting matches, physical fights, or threats—charges from the criminal code (Title 13) come into play.

Disorderly Conduct (13 V.S.A. § 1026)

If a driver stops their car, rolls down the window, and screams obscenities or threats at another motorist, they may be charged with Disorderly Conduct. This statute covers behavior that intends to cause "public inconvenience or annoyance" or reckless creation of a risk thereof.

• Fighting or Violent Behavior: Engaging in a roadside scuffle is a primary example.
• Obstructing Traffic: If a road rage incident involves stopping your car in the middle of the road to block another driver, this charge applies.

Simple Assault (13 V.S.A. § 1023)

If a physical confrontation occurs, or if a driver attempts to cause bodily injury to another person, they can be charged with Simple Assault.

• Physical Menace: You do not actually have to hit someone to face this charge. Attempting to put another person in fear of imminent serious bodily injury by "physical menace" is sufficient. For example, stepping out of a car and raising a tire iron in a threatening manner could lead to an assault charge.

VT Road Rage Penalties and Sentencing Guidelines

The penalties for road rage-related offenses in Vermont are severe and can include a mix of jail time, heavy fines, and probation.

Penalties for Negligent Operation

Under 23 V.S.A. § 1091(a), a conviction for ordinary Negligent Operation can result in:

• Imprisonment: Up to 1 year.
• Fines: Up to $1,000.
• Note: If the person has a prior conviction, the penalties double to up to 2 years in prison and a $3,000 fine.

Penalties for Grossly Negligent Operation

The stakes are significantly higher for Grossly Negligent Operation under 23 V.S.A. § 1091(b):

• Imprisonment: Up to 2 years.
• Fines: Up to $5,000.
• Injury Enhancements: If the road rage incident results in serious bodily injury to another person, the penalty jumps to imprisonment for up to 15 years and fines up to $15,000.

Penalties for Disorderly Conduct and Assault

• Disorderly Conduct: Typically carries a sentence of up to 60 days in jail and a $500 fine for a first offense.
• Simple Assault: Can lead to imprisonment for up to 1 year and a fine of up to $1,000. If the fight was "entered into by mutual consent," the penalty may be reduced to 60 days and $500, but this is a risky legal defense to rely upon.

Administrative Consequences: Vermont Driver’s License Suspension

Beyond the courtroom, a road rage incident can significantly impact your ability to drive legally. The Vermont Department of Motor Vehicles (DMV) operates a strict point system, and the offenses associated with road rage carry the highest point values.

The 10-Point Suspension Rule: In Vermont, if you accumulate 10 or more points on your driving record within a two-year period, your license is suspended.

• Negligent Operation: Carries 10 points.
• Grossly Negligent Operation: Carries 10 points or more depending on circumstances.

This means a single conviction for Negligent Operation is enough to trigger an immediate license suspension. You don't require a previous record; a single indiscretion, such as losing your temper and driving carelessly, can result in your license suspension.

Suspension Periods

• First Suspension: Typically lasts for 10 to 30 days depending on point excess, but for serious criminal traffic offenses, the court may impose longer revocation periods.
• Reinstatement: Getting your license back is not automatic. You must pay reinstatement fees, and you may be required to file SR-22 insurance (proof of financial responsibility), which will cause your insurance premiums to skyrocket.

Road Rage vs. Reckless Driving in Vermont

While the term "reckless driving" is common in many states, Vermont law primarily uses "Negligent Operation." However, the concepts are virtually identical. When people search for "reckless driving Vermont," they are usually looking for the statutes covering Negligent and Grossly Negligent Operation.

The main difference that a defendant must understand is the threshold of proof.

• Civil Traffic Ticket: Requires a lower burden of proof (preponderance of the evidence) and results in fines and points.
• Criminal Negligence: Requires proof "beyond a reasonable doubt" that the driver breached a duty of care.

Because road rage incidents often involve witnesses (the other driver, bystanders) and sometimes dashcam footage, prosecutors often have strong evidence to pursue the criminal charge rather than settling for a simple traffic ticket.

Potential Defenses Against Vermont Traffic Violations and Crimes

If you are facing charges related to road rage, it can feel like the system is stacked against you. However, experienced criminal defense attorneys understand that these cases are rarely straightforward. There are several defense strategies that can be employed depending on the specific facts of the case.

Challenging the "Gross" Deviation

For a charge of Grossly Negligent Operation, the state must prove that the driving was a "gross deviation" from normal care. A skilled attorney may argue that while the driving was perhaps careless (a civil infraction), it did not rise to the level of criminal gross negligence. Such arguments can sometimes result in charges being reduced to a lesser offense or a civil ticket.

Self-Defense

In road rage cases that involve confrontation or assault charges, self-defense is a valid legal argument. If the other driver was the aggressor—for example, if they blocked you in and approached your vehicle with a weapon—your actions to escape or protect yourself may be justified under the law.

Lack of Intent

For charges like Disorderly Conduct or Assault, intent is key. If your behavior was a reaction to a sudden emergency or a mechanical failure rather than an intentional act of aggression, this can be a powerful defense.

Identification Issues

In cases where the incident was reported by another driver but police did not witness it, proving who was driving the vehicle can sometimes be a hurdle for the prosecution, especially if the vehicle is registered to a household with multiple drivers.

What Steps Should I Take if I Am Injured By a Dangerous Driver or Road Rage in Vermont?

When the screech of tires and the shouting stop, you are left in a state of shock. Being the target of a road rage incident in VT is far more traumatic than a standard fender bender because the collision was not just an error—it was likely intentional or the result of extreme recklessness. In the immediate aftermath, your adrenaline is high, but the decisions you make in these first few hours can significantly impact your ability to recover financial compensation for your medical bills and vehicle repairs.

Following these specific steps can help protect your physical well-being and future legal claim if an aggressive driver in Vermont injures you.

STEP 1. Prioritize Safety and Call 911 Immediately

Your first priority is to get away from the threat. If the aggressive driver is still present and acting violently, lock your doors and do not exit your vehicle unless it is unsafe to stay inside. Call 911 immediately. In Vermont, road rage incidents often cross the line into criminal offenses such as Negligent Operation or Simple Assault.

When you speak to the dispatcher, clearly state that you were attacked or run off the road, rather than just saying you were in an "accident." This distinction ensures that the Vermont State Police or local law enforcement responds with the urgency required for a potential crime scene.

STEP 2. Seek Medical Attention, Even if You Feel Fine

Adrenaline is a powerful biological response that can mask severe pain. You might feel shaky but physically "okay" immediately after the incident, only to wake up the next morning with debilitating back pain, whiplash, or internal injuries.

It is vital to see a doctor or visit an urgent care center in Burlington or your local area right away. From a legal perspective, you need a medical record that links your injuries directly to the time and date of the road rage incident. Insurance adjusters often try to deny claims by arguing that a victim’s injuries were pre-existing or occurred later; immediate medical documentation prevents them from using that tactic.

STEP 3. Document the Scene and Aggressive Behavior

If it is safe to do so, gather as much evidence as possible. Road rage cases turn on the specific details of the driver's behavior.

• Photos and Video: Take pictures of the damage to both vehicles, skid marks, and the position of the cars.
• Witness Information: Bystanders are often the most valuable asset in a road rage claim. Ask for names and phone numbers of anyone who saw the other driver swerving, shouting, or driving aggressively before the crash.
• Write Down Details: As soon as you are safe, record everything you remember about the other driver's actions. Did they make hand gestures? Did they brake-check you? Did they throw something at your car? These details help your Vermont personal injury lawyer prove that the other driver acted with "gross negligence" or intent.

STEP 4. Do Not Engage or Apologize

Vermont follows a modified comparative negligence rule. This means that if you are found to be more than 50% responsible for the incident, you cannot recover damages. In road rage cases, defense attorneys frequently try to argue that the victim "provoked" the attack or participated in the aggression (for example, by brake-checking back or yelling).

Do not apologize to the other driver, and do not admit to any fault when speaking to the police. Stick strictly to the facts of what the other driver did to you. Even a polite "I'm sorry" at the scene can be twisted into an admission of guilt later.

STEP 5. Consult a Road Rage Attorney Before Speaking to Insurance

The other driver's insurance company may contact you quickly, offering a settlement or asking for a recorded statement. They may seem friendly, but their goal is to minimize their payout. Because road rage often involves intentional acts, some insurance policies have exclusions for "intentional torts," which can complicate the claims process.

Before you sign anything or give a statement, speak with a qualified personal injury attorney in Vermont. A Burlington attorney specializing in road rage cases can help navigate these complex insurance exclusions and ensure you are pursuing the right path—whether that is a claim against the driver's insurance, a lawsuit against the driver personally, or a claim under your own uninsured/underinsured motorist coverage.

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

The aftermath of a road rage incident can leave you feeling vulnerable and unsure of where to turn, especially when you are dealing with injuries and the emotional shock of the event. While insurance companies may appear helpful, their primary goal is often to settle your claim as quickly and cheaply as possible, leaving you to cover future medical costs on your own. You need an advocate who truly understands the severity of what you have been through and who has the resources to prove the other driver’s negligence. Hiring a skilled personal injury lawyer ensures that your rights are protected and that the full extent of your suffering is recognized and compensated.

At Brandon J. Broderick, Attorney at Law, we are dedicated to helping victims of aggressive driving rebuild their lives with dignity and financial security. We know that the aftermath is a difficult time for you and your family, which is why we handle every aspect of the legal process, from gathering evidence to negotiating with insurers. Our team is committed to securing the best possible outcome for your case so you can move forward with peace of mind. We are ready to listen to your story and fight for the justice you deserve. Contact us today for a free legal consultation. We are available day or night to assist you.