All Laws Decoded

Truck Accident Claims in Vermont

The safety and insurance rules for trucks in Vermont, how fault is shared, any limits on damages, and the deadline to sue.

Short answer: Vermont's Secretary of Transportation may adopt motor carrier safety rules for commercial motor vehicles carrying passengers or goods; 5 V.S.A. § 2101; 49 CFR 387.9

Truck safety and insurance rulesVermont's Secretary of Transportation may adopt motor carrier safety rules for commercial motor vehicles carrying passengers or goods; the rules must be no less protective than the federal rules (but may not bar 18- to 21-year-olds from intrastate driving), and the Secretary may adopt the federal motor carrier regulations in 49 C.F.R. parts including 387 (insurance) and 390-397. Violations carry a penalty of up to $1,000. For interstate trucks, federal minimum insurance is set in 49 CFR 387.9.
The Agency of Transportation's rule (Code Vt. R. 14-050-036) was not read on an official site; no state intrastate insurance amount is stated.
Fault rule (comparative negligence)Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the total negligence of the defendants; damages are reduced in proportion to the injured person's negligence. Each defendant pays its proportionate share. Comparative negligence may not be used as a defense to limit recovery for negligence claims relating to a sexual act or sexual conduct.
Deadline to sue for an injuryThree years after the cause of action accrues for injuries to the person caused by another's act or default. The claim is treated as accruing on the date the injury is discovered. Assault and battery, false imprisonment, and slander and libel also have a three-year deadline.

More Vermont personal injury & wrongful death

FAQ

What safety and insurance rules apply to trucks in Vermont?
Vermont's Secretary of Transportation may adopt motor carrier safety rules for commercial motor vehicles carrying passengers or goods; the rules must be no less protective than the federal rules (but may not bar 18- to 21-year-olds from intrastate driving), and the Secretary may adopt the federal motor carrier regulations in 49 C.F.R. parts including 387 (insurance) and 390-397. Violations carry a penalty of up to $1,000. For interstate trucks, federal minimum insurance is set in 49 CFR 387.9.
Can you recover damages if you were partly at fault in Vermont?
Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the total negligence of the defendants; damages are reduced in proportion to the injured person's negligence. Each defendant pays its proportionate share. Comparative negligence may not be used as a defense to limit recovery for negligence claims relating to a sexual act or sexual conduct.
What is the statute of limitations for personal injury in Vermont?
Three years after the cause of action accrues for injuries to the person caused by another's act or default. The claim is treated as accruing on the date the injury is discovered. Assault and battery, false imprisonment, and slander and libel also have a three-year deadline.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.