Vermont Motorcycle Accident Lawyer

What does Vermont's helmet law mean for a rider's claim?

Vermont requires all motorcycle riders and passengers to wear an approved helmet. A rider who was wearing one removes an argument insurers often use in other states.

If you were not wearing a helmet, the claim still exists. The insurer may argue that a helmet would have lessened a head injury, and a jury may weigh that in dividing fault. That argument has nothing to do with broken bones, spinal injuries or road rash, and it does not change who caused the crash. Medical experts can separate injuries a helmet might have affected from those it could not.

When do Vermont motorcycle crashes happen most?

Most happen during the short riding season, especially on summer weekends and during fall foliage season, when scenic routes fill with visitors.

Vermont's best riding roads, such as Route 100 through the Green Mountains and the mountain gaps between valleys, are also among its most dangerous. Tight curves, steep grades and narrow shoulders leave little room for error. Spring brings gravel and sand left from winter road treatment, along with frost heaves and potholes. Foliage traffic means drivers stopping suddenly or pulling over without warning to take photos. Moose and deer are a danger at dawn and dusk.

How does Vermont's fault rule affect motorcycle claims?

Vermont reduces your award by your share of fault and bars recovery if you are more than 50 percent at fault. Insurers often rely on bias against riders to push that number up.

Consider a rider on Route 100 in late September who is hit by a car that pulls off the shoulder without looking. The rider's damages total 220,000 dollars. The driver claims the motorcycle was going too fast.

• If the jury assigns the rider 20 percent fault, the recovery is 176,000 dollars.
• If the jury assigns the rider 51 percent, the recovery is zero.

Helmet camera footage, witness statements, crash reconstruction and damage patterns can show the motorcycle's real speed. A driver who says they never saw the bike is often admitting they did not look.

Bias can also show up in quieter ways, such as an adjuster who assumes a group of riders on a summer weekend must have been racing. Our team answers those assumptions with facts: the posted speed, the sight lines at the spot where the car pulled out, the rider's experience and safety training, and the driver's own phone use. Juries respond to evidence, not stereotypes, when the evidence is laid out clearly.

Can a rider bring a claim for a dangerous road condition?

Sometimes. If a pothole, frost heave or loose gravel caused the crash, the town, state or a contractor may be responsible, but these claims involve immunity rules and special procedures.

You may need to show the responsible party knew or should have known about the hazard. Photograph the defect immediately, measure it if possible, and note the exact location. Road conditions change quickly in Vermont, especially in spring. Our government and public property injury claims page explains how these claims work.

Who pays for a Vermont motorcycle injury?

The driver who caused the crash, through their liability insurance, pays first. Your own uninsured and underinsured motorist coverage can help when the driver carries low limits.

Vermont places no general cap on pain and suffering damages, so the value of a serious claim depends on the evidence. Medical payments coverage and health insurance may cover early bills. If a defective tire, brake or part caused the crash, a claim against the manufacturer may be possible, as explained on our product liability page. Riders are also hurt by lane changes on I-89 and I-91, and riding between lanes is not authorized in Vermont, which an insurer would raise as fault.

What should you do after a Vermont motorcycle crash?

Get medical care, preserve the bike and gear, and mark your 3-year deadline.

1. Get evaluated for head, spine and internal injuries.
2. Keep your helmet and gear in their damaged state.
3. Do not repair or sell the motorcycle before it is inspected.
4. Collect witness names, including other riders.
5. Photograph the road surface, gravel and any defects.

Our national motorcycle accident page covers rider claims more broadly. If a car crash is your main concern, see our Vermont car accident page, and for the state's broader rules, visit our Vermont injury law hub. We offer a free case review, and no fee unless we win.