Motorcycle accidents can be devastating, often resulting in severe injuries and significant financial burdens. For motorcyclists in Rutland, Vermont, understanding the state’s motorcycle accident laws is crucial to protecting your rights and pursuing fair compensation.
If you’ve been injured in a motorcycle accident, contacting a motorcycle accident lawyer can make a world of difference in navigating the complexities of the legal system and ensuring your voice is heard.
Vermont’s Fault-Based System for Motorcycle Accidents
Vermont follows a fault-based system for motor vehicle accidents, including motorcycle crashes. This means that the party responsible for causing the accident is liable for covering damages. Whether the fault lies with a negligent driver, poor road conditions, or a defective motorcycle part, determining liability is a key step in building a strong case.
Common Causes of Motorcycle Accidents in Vermont
Motorcycle crashes are often caused by the negligence of other drivers or external factors, such as:
- Distracted Driving
- Left-Turn Collisions
- Over speeding
- Poor Road Design or Maintenance
- Defective Motorcycles
Modified Comparative Negligence in Vermont
Vermont employs a modified comparative negligence rule. Under this system:
- Each party involved in the accident is assigned a percentage of fault.
- Compensation is reduced by the injured party’s percentage of fault.
- Motorcyclists cannot recover damages if they are found to be 51% or more at fault for the accident (Vt. Stat. Ann. Tit. 12, § 1036).
For example, if a motorcyclist is awarded $100,000 but is deemed 20% at fault, they would receive $80,000. However, if they are found 51% at fault, they would receive nothing.
Steps to Take After a Motorcycle Accident in Rutland
If you’ve been involved in a motorcycle accident, taking the following steps can protect your health, rights, and future claim:
- Stop and Ensure Safety: Vermont law requires all parties involved in an accident to stop. Move your motorcycle to a safe location if possible.
- Call the Authorities: Reporting the accident to the police is essential for documentation and evidence.
- Seek Medical Attention: Prioritize your health, even if your injuries seem minor at first. Immediate and thorough medical evaluations are critical.
- Document the Scene: Take photos of the accident site, vehicle damage, and injuries. Gather contact information from witnesses.
- Consult a Motorcycle Accident Lawyer: A lawyer can help you understand your rights, navigate insurance claims, and build a strong case for compensation.
Recoverable Damages for Motorcycle Accident Victims
In Vermont, motorcycle accident victims may be eligible for various forms of compensation, including:
- Medical Expenses: Covers emergency services, surgeries, hospital stays, and ongoing treatments.
- Lost Wages: Compensation for missed work and diminished earning capacity due to injuries.
- Pain and Suffering: Non-economic damages for physical pain, emotional distress, and loss of quality of life.
- Property Damage: Repairs or replacement for your motorcycle.
- Wrongful Death: For families who have lost a loved one, damages may include funeral expenses and loss of companionship.
The Role of a Motorcycle Accident Lawyer
Insurance companies often try to minimize payouts, leaving injured motorcyclists with less than they deserve. A skilled lawyer in Rutland will:
- Conduct a thorough investigation to determine fault.
- Handle all communication and negotiation with insurance companies.
- Fight for full and fair compensation through settlement or litigation.
- Advocate for your rights and counter stereotypes that unfairly blame motorcyclists.
Conclusion
Motorcycle accident laws in Rutland, are designed to ensure that injured motorcyclists have a fair chance to recover damages. However, navigating these laws can be complex, especially when dealing with injuries and financial stress. An experienced motorcycle accident lawyer can guide you through the legal process, helping you secure the compensation you need to rebuild your life.
