Burlington Pedestrian Accident Attorney

Struck by a Vehicle While Walking?

If you were hit by a vehicle while walking in Burlington, your life may have changed in a matter of seconds. You might be facing painful injuries, time away from work, and calls from insurance adjusters who want quick answers. In that situation, it can be hard to know where to turn or what to say.

At Horn Wright, LLP, we represent people who are injured as pedestrians and need clear guidance, not legal jargon. Our attorneys handle serious injury matters across the Northeast, including Vermont, and we are committed to making the process feel manageable. In contingency matters, we handle claims with no fees unless there is a recovery, so you can speak with us without adding financial stress.

We know that traveling can be difficult after a crash. Our team is structured so that our attorneys can come to you in Burlington or nearby, whether you are at home, with family, or receiving care. We stay focused on keeping you informed while we work on your claim.

Call (802) 328-9098 or contact us online today to schedule a free case review.

What is a Pedestrian Accident?

A pedestrian accident occurs whenever a person not in a vehicle is struck by a motor vehicle. This includes individuals walking, jogging, running, or standing. In many cases, these accidents happen in designated areas like crosswalks, but they can also occur on sidewalks, in parking lots, or on the shoulders of roads.

Vermont Pedestrian Laws

Vermont law is designed to protect vulnerable road users, but it also places certain responsibilities on pedestrians. Understanding these laws is critical for both your safety and your potential legal claim.

• Right of Way in Crosswalks: Under 23 V.S.A. § 1051, when traffic-control signals are not in place or in operation, drivers must yield the right of way to a pedestrian crossing within a crosswalk. This includes slowing down or stopping completely if necessary.
• Sudden Movement: Pedestrians are prohibited from suddenly leaving a curb or place of safety and walking or running into the path of a vehicle that is so close that it is "impossible for the driver to yield."
• Overtaking Stopped Vehicles: If a vehicle is stopped at a crosswalk to permit a pedestrian to cross, the driver of any vehicle approaching from the rear is legally forbidden from passing that stopped vehicle.
• Walking on Roadways: According to Burlington city ordinances and state law, if sidewalks are provided, pedestrians must use them. If no sidewalk exists, you must walk on the left side of the roadway or shoulder, facing oncoming traffic.

Common Causes of Pedestrian Accidents

In a city like Burlington, where the University of Vermont (UVM) and a dense downtown create high volumes of foot traffic, certain factors contribute to the majority of accidents:

• Distracted Driving: Drivers looking at GPS, texting, or adjusting the radio often fail to notice a pedestrian entering a crosswalk until it is too late.
• Failure to Yield at Turns: Many accidents occur when a driver is making a left or right turn at an intersection and fails to check for pedestrians who have a "Walk" signal.
• Speeding: Higher speeds reduce a driver’s reaction time and significantly increase the force of impact, making fatalities much more likely.
• Impaired Driving: Alcohol and drugs significantly impair a driver’s depth perception and awareness of their surroundings.
• Low Visibility: Many accidents occur at dawn, dusk, or night, particularly in poorly lit areas or during Vermont’s frequent inclement weather.

Who is Liable for a Pedestrian Accident?

In Vermont, liability is determined by the "rule of negligence." To win a case, you must prove that the driver owed you a duty of care, breached that duty (e.g., by speeding or texting), and that the breach caused your injuries.

Vermont’s Modified Comparative Negligence System

Vermont follows a 51% Bar Rule for negligence (12 V.S.A. § 1036). This means:

• You can recover damages as long as your fault is not greater than 50%.
• If you are found to be 20% at fault (perhaps for not using a crosswalk), your total compensation will be reduced by 20%.
• If you are found to be 51% or more at fault, you are barred from recovering any compensation.

This is why having a Burlington pedestrian accident attorney is vital. Insurance companies will often try to shift the blame onto you to reduce their payout. We gather the evidence—including traffic camera footage and witness statements—to prove the driver’s liability.

Compensation Available for Injured Pedestrians

The goal of a personal injury claim is to make the victim "whole" again. While no amount of money can undo the trauma of an accident, it can alleviate the crushing financial burden. At Horn Wright, LLP, we pursue:

• Economic Damages: Coverage for medical bills (past and future), lost wages, loss of earning capacity, and physical therapy costs.
• Non-Economic Damages: Compensation for pain and suffering, emotional distress, loss of enjoyment of life, and permanent disfigurement.
• Wrongful Death Damages: If a loved one was killed, we help families pursue funeral expenses and loss of companionship.

Pedestrian Accident FAQs

How long do I have to file a claim in Vermont?

In Vermont, the statute of limitations for personal injury claims is generally three years from the date of the accident. However, if the claim is against a government entity (like a city bus), the deadlines may be significantly shorter. It is best to consult an attorney as soon as possible to preserve evidence.

What if the driver fled the scene (Hit and Run)?

If you are the victim of a hit-and-run, you may still be able to recover compensation through your own insurance policy's Uninsured Motorist (UM) coverage. In Vermont, UM coverage is mandatory for all drivers and often extends to situations where you are a pedestrian.

Can I still recover money if I wasn't in a crosswalk?

Yes. While crossing outside of a crosswalk (jaywalking) may be considered a factor in comparative negligence, it does not automatically bar you from recovery. Drivers still have a "duty of due care" to avoid hitting anyone on the road, regardless of where they are crossing.

Should I talk to the driver’s insurance company?

No. Insurance adjusters are trained to get you to make statements that minimize the driver's fault. Before speaking with them or signing any settlement offers, contact Horn Wright, LLP for a free case evaluation.

How Our Team Supports Injured Pedestrians

After a pedestrian crash, most people are dealing with doctors, physical pain, and worries about how to pay the bills. Our role is to step in and manage the legal and insurance issues so you do not have to handle them alone. We review what happened, help you understand your options under Vermont law, and work to position your claim for a fair resolution.

Our clients work directly with attorneys, not only with staff. We take time to listen to your account of the collision, answer your questions, and explain what to expect next. Our structure gives you the personal attention you might associate with a small local office, along with the resources of a firm that serves clients in several states.

Many injured pedestrians in Burlington cannot easily visit a law office. Our attorneys are willing to travel to meet you where you are in the area, which can make starting a claim much less stressful. We can meet in your home, at a medical facility, or through a phone or video conversation, depending on what is most comfortable for you.

Cost is often a major concern, especially if you are missing work. In contingency matters, we use a fee arrangement where our payment is connected to obtaining a recovery in your case. There are no upfront attorney fees in those situations, and our goal is to let you focus on healing while we handle the claim process.

To speak with our team about your accident and injury, call (802) 328-9098.