Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Understanding Duty and Negligence
Under Vermont law, bus companies and their drivers owe passengers the highest degree of care. To recover compensation, a passenger must prove the driver breached this duty by acting negligently—for example, through speeding, reckless maneuvers, or failure to maintain vehicle safety.
Establishing Liability
A successful claim requires four elements: duty, breach, causation, and damages. If the driver caused the crash during employment, the bus company may face vicarious liability for the driver’s negligence.
Comparative Negligence
Vermont applies a pure comparative negligence rule. Even if a passenger bears partial fault, they can still recover damages reduced by their percentage of fault. See 12 V.S.A. § 1036.
Statute of Limitations
Most personal injury suits must be filed within three years of the accident. This deadline is mandated by 12 V.S.A. § 511. Missing this window normally bars the claim.
Recoverable Damages
Passengers can seek economic damages—such as medical expenses, lost wages, and rehabilitation costs—and non-economic damages like pain and suffering. In cases of gross negligence, punitive damages may also be available.
Claims Process
First, obtain prompt medical care and document all injuries. Next, report the accident to both the bus company and your auto insurer. Preserve evidence at the scene—take photos, note road conditions, and collect witness information. Then submit a written demand for compensation outlining your expenses and injuries. If the bus company’s insurer refuses a fair settlement, file a lawsuit in Vermont Superior Court before the statute of limitations expires.
Helpful Hints
- Document everything: keep all medical records, bills, and repair estimates.
- Collect evidence quickly: photographs, surveillance footage, and witness statements strengthen your case.
- Notify insurers in writing: comply with policy notice requirements to avoid claim denial.
- Track your expenses: maintain a detailed log of lost income and out-of-pocket costs.
- Consider legal counsel early: an attorney can guide you through complex court rules and maximize recovery.