Can I Still File a Lawsuit for Car Accident Injuries in VT if I Was Speeding?

If you've been involved in a car accident in Vermont and were speeding at the time of the crash, you may wonder whether you can still pursue compensation for your injuries. While speeding is considered a form of negligence, it doesn't necessarily prevent you from seeking damages. However, it can influence the amount of compensation you may be eligible to receive. Understanding Vermont's comparative negligence laws, potential compensation types, and how speeding factors into a case is essential for those looking to make informed legal decisions.

Vermont's Comparative Negligence Law: How It Impacts Car Accident Claims

Vermont follows a modified comparative negligence rule, meaning that injured parties can still pursue a claim for compensation as long as they are not more than 50% at fault for the accident. If a judge or jury finds that your degree of fault is 50% or less, you remain eligible to recover damages. However, your compensation will be lowered by your percentage of fault.

• Example: If you were speeding and found 20% at fault for the accident, and the total damages were calculated at $100,000, you would be entitled to recover 80% of that amount, equating to $80,000.
• Key Takeaway: If your level of fault is deemed to be 51% or more, Vermont law prohibits you from receiving any compensation.

Understanding this rule underscores the importance of establishing a lower fault percentage. Insurance companies and opposing parties often try to argue that your speeding was the primary cause of the accident, aiming to increase your fault percentage to minimize or deny your claim.

Determining Fault in Speed-Related Car Accidents

Determining fault in an accident where speeding is involved can be complex. Factors such as road conditions, the behavior of other drivers, and any additional contributing causes are all considered.

Evidence Used to Determine Fault:

1. Police Reports: Law enforcement officials at the scene will document evidence, which may include your speed, whether you adhered to traffic signals, and any eyewitness statements.
2. Witness Testimony: Bystanders or passengers can provide valuable perspectives on what happened, especially if another party was at fault.
3. Traffic Cameras or Surveillance Footage: Video evidence can capture the accident's circumstances, such as whether other drivers made sudden lane changes or were speeding themselves.
4. Accident Reconstruction Experts: In some cases, experts are brought in to reconstruct the scene and analyze details like skid marks, vehicle damage, and road design to pinpoint how each party contributed to the accident.

If the evidence suggests that other drivers or road hazards contributed significantly to the accident, this can lower your fault percentage, making a successful claim more likely.

Types of Compensation You Can Seek

Even if you were speeding, if you were not primarily at fault, you could potentially recover damages for:

• Medical Expenses: This covers both immediate and ongoing treatment, including hospital stays, surgeries, physical therapy, and medication.
• Lost Wages: If your injuries stops you from working, you can recover compensation for income lost during recovery.
• Pain and Suffering: In Vermont, pain and suffering damages are available to compensate for both physical pain and emotional distress resulting from the accident.
• Property Damage: Compensation for repairs or replacement of your vehicle and any other personal property damaged in the accident.

Defensive Strategies: How to Protect Your Claim

Speeding at the time of an accident doesn't automatically mean you lose your right to file a lawsuit. However, taking proactive steps to strengthen your claim is essential, especially since the opposing party might use your speeding as a primary defense. Here's how you can protect your claim:

1. Collect All Possible Evidence: Document everything, from photographs of the accident scene to medical records detailing your injuries. The more information you have, the stronger your case.
2. Work with an Experienced Attorney: Personal injury attorneys familiar with Vermont's comparative negligence laws can advocate for your case, ensuring that your level of fault is fairly represented.
3. Avoid Speaking with Insurance Adjusters: Insurance companies may try to obtain recorded statements to use against you later. It's best to have your attorney handle all communication with insurance adjusters.
4. Stay Consistent in Your Testimony: Any inconsistency in your recounting of the accident can harm your credibility. Stick to the facts and avoid speculation.

The Impact of Speeding on Insurance Claims

In Vermont, car insurance operates under a "fault" system, meaning the driver found at fault for the accident is responsible for covering damages. However, insurance companies will scrutinize all elements of the accident, including speeding, in their fault assessment.

• Potential Rate Increases: If you are partially at fault due to speeding, you could face increased premiums, as insurers may label you a higher-risk driver.
• Claim Denials: Some insurers may attempt to deny your claim altogether if they believe your speeding was the primary cause. It's important to be aware that you have the right to appeal such decisions.

Legal Insights: What You Should Know About Filing a Lawsuit

If you're considering filing a lawsuit, keep these factors in mind:

• Statute of Limitations: In Vermont, the statute of limitations for filing a personal injury lawsuit is three years from the accident date. Missing this deadline could mean losing your right to claim any compensation.
• Potential for Settlements: Most car accident claims are resolved through settlements. If you were speeding, the other party might be more likely to settle out of court, but their offer may be lower than it would be if you hadn't been speeding.
• Courtroom Considerations: If your case does go to court, Vermont's comparative negligence law will play a central role. You will need to present a clear, detailed account of the accident to demonstrate that other factors contributed significantly to the incident.

Conclusion

Speeding can make a personal injury claim more complex, but it doesn’t automatically prevent you from seeking compensation in Vermont. By gathering strong evidence, working with an attorney, and understanding how Vermont's comparative negligence law applies, you can increase your chances of a favorable outcome. Remember, the primary goal is to present a clear case that demonstrates other factors contributed to the accident.

Injured? The Office of Brandon J. Broderick, Personal Injury Lawyers, Can Help

If the unfortunate happens and you’ve been injured in an accident in Vermont, don’t go at it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence.? Contact us now for a free legal review.