Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance regarding your specific situation.
1. Four Elements of Negligence Under Vermont Law
To succeed in a negligence claim after a collision at a traffic signal or highway exit, you must prove these four elements:
- Duty of Care. Every driver owes others the duty to operate their vehicle safely and obey traffic laws. See Vt. Stat. tit. 23, § 1030 (right-of-way at intersections): legislature.vermont.gov/statutes/section/23/011/01030.
- Breach of Duty. The defendant violated that duty by, for example, running a red light, failing to yield when exiting a ramp, or speeding.
- Causation. You must show the breach directly caused the collision and your injuries or property damage.
- Damages. Document your losses, such as medical bills, vehicle repair invoices, and lost wages.
2. Key Types of Evidence
Gather multiple sources to build a persuasive case:
- Police Crash Report. The investigating officer’s narrative, diagram, and citations (e.g., violating Vt. Stat. tit. 23, § 1111 on traffic signals: legislature.vermont.gov/statutes/section/23/013/01111).
- Photographs & Videos. Capture skid marks, vehicle damage, traffic lights, exit signage, lane markings, and road conditions immediately after the crash.
- Traffic Signal & Ramp Data. Request signal‐timing records or controller logs from the municipality or state agency to confirm signal phases or ramp closure statuses.
- Witness Statements. Obtain signed statements or recorded interviews from bystanders, passengers, or other motorists who saw the collision.
- Expert Analysis. Accident reconstructionists or traffic engineers can recreate the event, determine point of impact, speed estimates, and signal timing.
- Vehicle “Black Box” Data. Event data recorders often log speed, braking, steering inputs, and time stamps seconds before impact.
- Medical Records & Bills. Document injuries, treatments, future care needs, and associated costs.
3. Special Considerations at Signals and Exits
Collisions at signals or highway exits present unique challenges:
- Signal Malfunction or Ambiguity. If the light was out of service or obscured by foliage, obtain maintenance records and photos showing visibility issues.
- Road Design & Signage. At freeway exits, confirm proper warning signs, lane markings, and that “Yield” or “Stop” signs were in place and visible per Vt. Stat. tit. 23, § 1100 (regulating traffic control devices): legislature.vermont.gov/statutes/section/23/013/01100.
- Intersection Geometry. Measure sight-distance triangles and confirm no obstructions prevented a clear view of the signal or merging traffic.
Helpful Hints
- Act quickly to secure perishable evidence like debris, skid marks, or video footages.
- Write down your own recollection while memories are fresh, noting times, weather, and road conditions.
- Follow up promptly with police for a complete copy of your crash report and any photos they took.
- Preserve electronic data by sending spoliation‐preservation letters to relevant agencies and vehicle manufacturers.
- Consult an attorney early to guide evidence collection and meet Vermont’s two-year statute of limitations for personal injury claims (Vt. Stat. tit. 12, § 511).