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

Can you recover if you were partly at fault for your Vermont accident? Yes — up to a point. Here is how the 51% bar under 12 V.S.A. § 1036 works.

How Modified Comparative Negligence Works

Vermont follows a modified comparative negligence rule under 12 V.S.A. § 1036. If you were partly at fault for an accident, you can still recover compensation as long as your share of the fault was not greater than the defendant's — in practice, 50% or less. Your award is then reduced by your percentage of fault.

If you are found more than 50% at fault, you recover nothing. This is the so-called '51% bar.' It is the reason insurance companies work so hard to shift blame onto injured people: pushing a victim's fault past the halfway mark eliminates the claim entirely.

An Example

Suppose a jury values your damages at $100,000 but finds you 20% at fault. You would recover $80,000. If instead the jury found you 55% at fault, you would recover nothing. Even a modest shift in the fault percentage can dramatically change the outcome.

Why This Makes Evidence So Important

Because fault is allocated by percentage, documenting exactly how the accident happened is critical. Photographs, the police report, witness statements, and reconstruction can keep an insurer from inflating your share of the blame and protect your recovery under Vermont law.

This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Vermont attorney.