VERMONT MOTORCYCLE LAWS*

 

Vermont motorcyclists are protected under Vermont motorcycle law that makes negligent drivers responsible and liable to Vermont motorcyclists. A biker who is involved in a Vermont motorcycle accident may obtain compensation for his or her injuries that were caused by the other driver’s negligence. Damages may include payment for pain and suffering, scarring, disfigurement, loss of enjoyment of life, economic loss, no fault benefits, and more. What follows are some of the relevant law involving motorcycles in the State of Vermont

 

If you sustained an injury due to a Vermont motorcycle accident and you haven’t contacted a lawyer about your Vermont motorcycle accident, the best thing you can do for yourself is contact us NOW. We’ll listen to you and help you understand your options. If you have a case, we’ll help you find the best motorcycle accident injury attorney or law firm in your area. As an attorney who litigates these cases, I belong to many trial lawyer and motorcycle lawyer groups and have gone out of my way to find the best motorcycle attorneys in each state. Even the phone call is free, and there is no obligation. Don’t wait until it’s too late, make a simple call and talk to attorney Jason Waechter, The Motorcycle Lawyer.             1-877-Biker-Law (1-877-245-3752).

 

Ø      Vermont is an At-Fault state: This means that the law of negligence governs Vermont motorcycle and motor vehicle accidents. The person who is found to be “at fault” for your Vermont motorcycle accident can be held accountable for your injuries and damages resulting from your Vermont motorcycle accident.

 

Ø      Vermont Motorcycle Helmet Law: When riding on or operating a Vermont motorcycle, you are required by law to wear a helmet equipped with reflectorization.

 

23 V.S.A. § 1256

§ 1256. Motorcycles--Headgear

No person may operate or ride upon a motorcycle upon a highway unless he wears upon his head protective headgear reflectorized in part and of a type approved by the commissioner. The headgear shall be equipped with either a neck or chin strap.

 

Ø      Vermont Motorcycle Eye Protection Law: When riding on or operating a Vermont motorcycle, you are required by law to wear eye protection, unless the Vermont motorcycle is equipped with a windscreen.

 

23 V.S.A. § 1257

§ 1257. Motorcycles--Face protection

If a motorcycle is not equipped with a windshield or screen, the operator of the motorcycle shall wear either eye glasses, goggles or a protective face shield when operating the vehicle. The glasses, goggles or face shield shall have colorless lenses when the motorcycle is being operated during the period of thirty minutes after sunset to thirty minutes before sunrise and at any other time when due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of five hundred feet ahead.

 

Ø      Vermont Motorcycle Minimum Insurance Requirements: The minimum insurance required for your Vermont motorcycle is compulsory liability insurance.

 

• Bodily Injury Liability (1 Person): $25,000
• Bodily Injury Liability (All persons, 1 accident): $50,000
• Property Damage Liability: $10,000

 

23 V.S.A. § 800

§ 800. Maintenance of financial responsibility

(a) No owner or operator of a motor vehicle required to be licensed shall operate or permit the operation of the vehicle upon the highways of the state without having in effect an automobile liability policy or bond in the amounts of at least $25,000.00 for one person and $50,000.00 for two or more persons killed or injured and $10,000.00 for damages to property in any one accident. In lieu thereof, evidence of self-insurance in the amount of $115,000.00 must be filed with the commissioner of motor vehicles. Such financial responsibility shall be maintained and evidenced in a form prescribed by the commissioner. The commissioner may require that evidence of financial responsibility be produced before motor vehicle inspections are performed pursuant to the requirements of 23 V.S.A. § 1222.

 

Ø      Vermont UIM Coverage: If you are injured in a Vermont motorcycle accident with an at-fault driver who has inadequate or no insurance to cover your claim, underinsured or uninsured motorist coverage may protect you in this situation.

 

• Underinsured Motorist Coverage: If you injured in a Vermont motorcycle accident by an at-fault driver who does not have adequate insurance to cover your claim, if you have underinsured motorist coverage this may protect you.

 

• Uninsured Motorist Coverage: If you are injured in a Vermont motorcycle accident by an at-fault driver who does not have any insurance to cover your claim, if you have uninsured motorist coverage this may protect you.

 

• Hit & Run: If you are injured in a Vermont motorcycle accident with a hit and run, or unidentified, at-fault driver, you may be able to recover for your injuries and damages with UIM coverage.

23 V.S.A. § 941
§ 941. Insurance against uninsured motorists

(a) No policy insuring against liability arising out of the ownership, maintenance or use of any motor vehicle may be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state unless coverage is provided therein, or supplemental thereto, for the protection of persons insured there under who are legally entitled to recover damages, from owners or operators of uninsured, underinsured or hit-and-run motor vehicles, for bodily injury, sickness or disease, including death, and for property damages resulting from the ownership, maintenance or use of such uninsured, underinsured or hit-and-run motor vehicle. The coverage for property damages shall be sufficient to indemnify a claim for damages to which the claimant is legally entitled of no more than $10,000.00 per claim, subject to a $150.00 deductible; provided, however, to the extent that other direct damage coverage is valid and collectible:

(1) this deductible shall not apply to a claimant who is otherwise insured for direct damages to his or her motor vehicle, in which case:

(A) the coverage for property damages provided in this section shall be applied, without deductible, to pay the deductible of the other direct damage coverage; and

(B) the balance of the direct damage claim, if any, shall be covered by such other direct damages coverage to the extent of its limits;

(2) further, any other claim for property damages, not direct damages, to which the claimant is legally entitled, shall be paid by the coverage required by this section, without deductible, to the extent of the limits herein provided.

(d) For the purpose of this subchapter an “uninsured motor vehicle" includes an insured other motor vehicle where:

(1) The liability insurer of the other motor vehicle is unable, because of its insolvency, to make payment with respect to the legal liability of its insured within the limits specified in its policy; and

(2) The occurrence out of which the legal liability arose took place while the uninsured vehicle coverage required under subsection (a) of this section was in effect; and

(3) The insolvency of the liability insurer of the other motor vehicle existed at the time of, or within one year after, the occurrence.

(f) For the purpose of this subchapter, a motor vehicle is underinsured to the extent that:

(1) the liability insurance limits applicable at the time of the accident are less than the limits of the uninsured motorist coverage applicable to the insured; or

(2) the available liability insurance has been reduced by payments to others injured in the accident to an amount less than the limits of the uninsured motorist coverage applicable to the insured.

 

Ø      Vermont Statute of Limitations: If you are injured in a Vermont motorcycle accident, you have 3 years from the date of the Vermont motorcycle accident to commence suit.

 

Chapter 23: Limitation Of Time For Commencement Of Actions 

§ 512. Assault and battery; false imprisonment; slander and libel; injuries to person or property

Actions for the following causes shall be commenced within three years after the cause of action accrues, and not after:

(1) Assault and battery;

(2) False imprisonment;

(3) Slander and libel;

(4) Except as otherwise provided in this chapter, injuries to the person suffered by the act or default of another person, provided that the cause of action shall be deemed to accrue as of the date of the discovery of the injury;

*(5) Damage to personal property suffered by the act or default of another. (Amended 1967, No. 32, § 2, eff. March 16, 1967; 1975, No. 248 (Adj. Sess.), § 2.)

 

*There are many exceptions, special definitions and complex issues that cannot be explained in this material. It is not intended to be a substitute for specific legal advice. Your legal rights greatly depend on the facts of your accident.

 

*Law changes constantly. Do not rely on this information. Law is vast and can not be covered in this limited space.

 

***Law portion of site in progress. Vermont motorcycle law regarding Vermont motorcycle accidents is being drafted and will be updated soon. Please call our firm for a free consultation to see if you have a case.