There are circumstances where a car accident in Vermont may also lead to a criminal or civil citation. DUIs, driving too fast for conditions or negligent operation are a few of the most common citations a motorist can receive that stem from a collision between two or more vehicles. Although these citations may play a significant factor in the determination of who was at fault for the Vermont car accident, they are not the end-all when it comes to litigation.
How does a Judge or Jury Decide Liability?
12 VSA § 1036 states that “[C]ontributory negligence shall not bar recovery in an action by any plaintiff, or his or her legal representative, to recover damages for negligence resulting in death, personal injury, or property damage, if the negligence was not greater than the causal total negligence of the defendant or defendants,…”
To provide context to this, consider if a Jury finds that one driver was 60 percent liable for a car accident, while the other driver was found to be 40 percent at fault. If the damages sustained by the 40 percent liable party were found to be $100,000, the end result would be an award in that party’s favor of $20,000 (the difference between 60k and 40k or 60% and 40%).
How does a traffic ticket or criminal citation play into this calculation
In most instances, a personal injury case will take a back seat to any criminal prosecution and will only be heard after the criminal case has been resolved. This procedure is based on a criminal defendant’s 5th Amendment right to remain silent, which they do not enjoy in a personal injury action.
Certainly, the outcome of the criminal case will play a role in liability and, in some cases, may be fatal to a claim.
A traffic infraction does not enjoy such protections and, in most cases, will be resolved before the personal injury case. This legal realm will provide a bit of a preview for the larger PI case and is an important step in evaluating liability. If a defendant is found not guilty of their traffic violation, this can help bolster the case that the other party is liable for the accident.
Even if the driver is found guilty of the offense, this may not, in all cases lead to a liability determination. A judge or jury would still need to evaluate all of the other factors surrounding the accident before they dole out the percentage they feel each party was responsible for in creating the circumstances surrounding the accident.
Just because you’re charged does not mean you are liable
Evaluating the strength of a personal injury claim in Vermont can be a complicated matter when there are companion criminal or traffic ticket charges. However, each case is unique and must be reviewed independently of others to truly make such a determination. The result of this review may just surprise you when it is ultimately determined who remains at fault for this unfortunate event.
This content is for informational purposes only and should not be considered legal advice. Readers who have question about their own legal matter should consult with their personal attorney.