Detailed Answer
If another driver ran a stop sign and hit your car in Vermont, you can pursue a personal injury claim to recover medical costs, lost wages, property damage, and other losses. Below is a step‑by‑step guide that explains how the claim process usually works, what evidence matters, and how Vermont law affects fault and timing. This information explains common procedures and relevant Vermont resources, but it is not legal advice.
1. Immediate steps after the crash
- Get to safety and call 911 if anyone is injured. Prioritize medical care.
- Call the police so an official crash report is created. The police report is often key evidence about who violated traffic laws (for example, failing to stop at a stop sign).
- Exchange information with the other driver: name, contact, insurance company and policy number, vehicle registration, and license plate.
- Collect evidence at the scene: take photos of vehicles, skid marks, the stop sign, road layout, traffic signals, vehicle positions, visible injuries, and license plates. Note weather, lighting, and time of day.
- Look for and get contact info for witnesses. A witness statement can confirm that the other driver ran the stop sign.
2. Preserve documentation and records
Keep all records related to the crash and your injuries:
- Police crash report number and a copy of the report.
- Photos and videos taken at the scene or afterward.
- Medical records, emergency room notes, diagnostic tests, prescriptions, and receipts.
- Paystubs and employer statements showing lost wages.
- Repair estimates or statements about diminished value for your vehicle.
- Copies of correspondence with insurers.
3. Notify your insurance company and (carefully) the other driver’s insurer
Report the crash to your insurer promptly and accurately. Vermont drivers must carry auto insurance; your carrier can help with medical payments and vehicle repairs depending on your policy. When the other insurer contacts you, avoid giving a recorded or detailed statement about fault until you understand your injuries and have evidence. Simple facts (time, place, how to contact you) are fine.
4. Medical care and causation
Seek medical evaluation even for minor symptoms. Some injuries (e.g., whiplash) appear delayed. Ongoing treatment notes link injuries to the crash and are essential for proving damages.
5. Vermont law on fault and negligence
Vermont personal injury claims for motor vehicle crashes are based on negligence. If a driver failed to stop at a stop sign, that can be evidence of negligent conduct or a traffic violation that shows fault. Vermont applies comparative fault principles when assigning responsibility and calculating damages. Under comparative fault, a plaintiff’s recovery is reduced by their percentage of fault. Resources on Vermont statutes and titles that commonly govern negligence and motor vehicle law are available at the Vermont Legislature:
- Vermont statutes for motor vehicles: https://legislature.vermont.gov/statutes/title/23
- Vermont statutes on civil actions and limitations: https://legislature.vermont.gov/statutes/title/12
6. Statute of limitations and timing
Personal injury claims must be filed within Vermont’s time limits. Because time limits can vary and exceptions may apply, start the claim process as soon as you can. See Vermont’s civil statutes for the statutory time limits and consult an attorney quickly to avoid missing deadlines: https://legislature.vermont.gov/statutes/title/12.
7. Calculating damages
Common recoverable damages include:
- Medical expenses (past and future)
- Lost income and lost earning capacity
- Property damage and repair costs
- Pain, suffering, and mental distress
- Out‑of‑pocket costs (transportation to medical appointments, home care)
8. Settlement vs. lawsuit
Most injury claims resolve by settlement with the at‑fault driver’s insurer. Insurers will evaluate fault, the crash report, medical records, and liability. If negotiations fail or the insurer denies liability, you can file a civil lawsuit. An attorney can prepare and file papers and handle court deadlines and discovery.
9. When to talk to an attorney
Contact an attorney if you have significant injuries, unclear fault, disputes with insurers, or complex damages (permanent disability, major wage loss). An attorney can help preserve evidence, deal with insurers, and advise on comparative fault issues and trial prospects.
10. Useful Vermont resources
- Vermont Department of Motor Vehicles (general information): https://dmv.vermont.gov
- Vermont Legislature statutes (Titles referenced above): https://legislature.vermont.gov
- Vermont Judiciary (self‑help and court contact information): https://www.vermontjudiciary.org
Disclaimer: This article provides general information about Vermont law and is not legal advice. For advice about your specific situation, consult a licensed Vermont attorney.
Helpful Hints
- Take lots of photos at the scene before vehicles move, including the stop sign and nearby traffic control devices.
- Request a copy of the police crash report early—officers often give you a report number at the scene.
- See a doctor even for minor injuries; delayed symptoms can matter later in a claim.
- Keep a daily pain and activity log to document how injuries affect your life.
- Don’t admit fault at the scene or in conversations with insurers; simple factual statements are safer.
- Save all receipts and records for expenses related to the crash (medical bills, car towing, rental car).
- If possible, get witness contact information at the scene—witnesses can be critical if the other driver disputes running the stop sign.
- Start the process early. Evidence (dashcam footage, traffic camera video, witness memory) fades with time.
- Ask your insurer whether you have medical‑payment coverage or rental reimbursement to reduce immediate out‑of‑pocket costs.
- If the other driver is uninsured or underinsured, ask about your own uninsured/underinsured motorist coverage.