Detailed Answer
Step 1: Understand Vermont’s Traffic Signal Law
In Vermont, Title 23 V.S.A. § 1006 governs traffic-control signals. The law requires drivers to stop on a steady red light and remain stopped until the signal changes (see https://legislature.vermont.gov/statutes/section/23/013/01006). Running a red light is a violation of state law.
Step 2: Establish Negligence Per Se
When a driver breaks a statute designed to protect public safety, Vermont courts often apply negligence per se. To use this doctrine, you must show:
- The red-light statute (23 V.S.A. § 1006) exists to prevent collisions.
- The other driver violated that statute by entering the intersection on red.
- The violation caused your collision.
- You suffered actual damages.
Step 3: Gather Key Evidence
1. Police Report: Request a copy of the citation and crash report. Look for the officer’s observations, witness statements, and any assigned fault.
2. Traffic Camera or Red-Light Camera Footage: Many Vermont intersections record signal phases. Obtain timestamped video showing the traffic signal and vehicles.
3. Eyewitness Statements: Identify bystanders or passengers who saw the light change. Obtain signed statements describing what they observed.
4. Photographs and Diagrams: Document skid marks, vehicle damage, and traffic-control devices at the scene. Create a scaled diagram indicating vehicle paths and signal locations.
5. Expert Analysis: A crash reconstruction specialist can use measurements and physics to confirm that one car entered the intersection on red.
Step 4: Prove Causation and Damages
Link the statute violation to your injuries or property damage. Show medical records, repair estimates, or wage-loss documentation. Causation requires that the red-light violation was the direct and primary cause of your harm.
Step 5: Present Your Case
Use a clear timeline: signal change time, vehicle positions, and impact point. Highlight statutory violation, eyewitness accounts, and expert findings. If settlement negotiations fail, file a personal injury lawsuit in Vermont Superior Court under 12 V.S.A. § 5111.
Disclaimer: This article provides general information on Vermont law and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
Helpful Hints
- Secure evidence quickly; video and witness memories fade.
- Request a driver’s statement under oath for admissions of fault.
- Obtain medical records even for minor injuries to document causation.
- Keep a copy of all documents, photographs, and communications in one folder.
- Consult a Vermont personal injury attorney before filing suit to review your evidence.