Where and Why Pedestrian Crashes Happen in Vermont
Vermont's pedestrian risk takes two very different forms. In and around Burlington, South Burlington, Winooski, and other population centers, walkers share busy intersections and crosswalks with heavy commuter traffic, and turning vehicles, distracted drivers, and poor visibility lead to collisions. In rural Vermont, many roads have no sidewalks or shoulders at all, forcing people to walk in or beside travel lanes where they can be struck by vehicles moving at highway speeds.
Long winter nights, snowbanks that narrow the roadway, and early darkness compound the danger. A pedestrian struck by a car has no crumple zone and no airbag, so even a relatively slow-speed impact can cause catastrophic or fatal injuries.
Vermont Law and Pedestrian Rights
Vermont drivers owe pedestrians a duty of reasonable care and must yield in marked crosswalks and at intersections. When a driver fails that duty — by speeding, ignoring a crosswalk, turning without looking, or driving while distracted or impaired — they can be held liable for the harm they cause. Vermont's modified comparative negligence rule still allows recovery as long as the pedestrian was not more than 50% at fault.
Insurers sometimes argue that a pedestrian 'came out of nowhere' or was not in a crosswalk. A careful investigation — using the police report, scene evidence, vehicle damage, and witness accounts — can rebut those claims and establish the driver's responsibility.
Compensation for Pedestrian Injury Victims
Because pedestrian injuries are often severe, claims may involve major medical bills, surgeries, long rehabilitation, lost income, and significant non-economic damages. In tragic cases involving a fatality, surviving family members may pursue a wrongful death claim under 14 V.S.A. § 1492. The general three-year deadline under 12 V.S.A. § 512 applies to most pedestrian injury claims.
Injured in Vermont? Get a free, confidential case review today. There's no obligation, and you pay no fee unless you win. Call 973-566-5599.
Frequently Asked Questions
Nothing upfront. Our network attorneys work on contingency, so you pay no fee unless they recover compensation for you. The case review is always free.
Generally three years from the date of injury under 12 V.S.A. § 512. Claims involving a government entity under the Vermont Tort Claims Act can have shorter notice deadlines, so it is important to act quickly.
Vermont's modified comparative negligence rule (12 V.S.A. § 1036) lets you recover as long as you were not more than 50% at fault. Your compensation is reduced by your share of fault.
This page is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Vermont attorney.