Vermont is making great progress in its fight against traffic accidents. In 2014 fatalities fell an astounding 37 percent to their lowest level since 1944 — only 44 road deaths were recorded in the entire state. Nevertheless, distracted driving continues to be a problem, and Vermont has recently added teeth to its distracted driving law.
Vermont’s Distracted Driving Laws
Texting and driving is forbidden in Vermont. The penalty is a $156 fine and two demerit points on the offender’s DMV driving record. Novice drivers (on learner’s permits or intermediate licenses) can have their licenses suspended for 30 days. Penalties for a second offense are a $329 fine and five demerit points.
Vermont drivers are also prohibited from using handheld electronic communications devices while driving. The fine for a first offense is $200, and two demerit points are added to the offender’s DMV driving record if the offense occurred in a work zone. The penalty for a second offense ranges from $250 to $500. Even holding a cell phone up to your ear while driving can result in a citation.
The use of even hands-free electronic communications devices is forbidden for novice drivers, on pain of a $156 fine and two demerit points.
In the Event of an Accident in Vermont Caused by Distracted Driving
If you cause an accident through distracted driving and someone sues you for damages, the fact that you were breaking Vermont’s distracted driving law at the time of the accident will shift the burden of proof to you. This means that it will be you who must prove that you were not negligent (that your actions were reasonable under the circumstances) rather than the plaintiff having to prove that you were negligent.
Potential excuses that you might use in a distracted driving lawsuit include:
- You had a health condition that prevented you from complying with the law
- You were responding to an emergency
- You were engaged in a distracted driving activity as necessary to prevent an even greater hazard (to report a dangerous road obstruction, for example)
- It was impossible for you to comply with the law despite your best efforts
Even if you are ruled negligent, you could still defend your case by proving that:
- The plaintiff was partly at fault for the accident (thereby reducing the amount of damages you would be liable for).
- The plaintiff was mostly at fault for the accident (reducing your damages liability to zero).
As an employer, you could be held liable for your employee’s on-duty distracted driving accident, under the common law doctrine of respondeat superior.
Possible Criminal Penalties
If your conduct was outrageous enough under the circumstances, and if a serious injury or death resulted, you could be led away from the scene of the accident in handcuffs. Causing a death through criminal negligence, for example, could result in a sentence of 1 to 15 years in a Vermont state prison. There is no clear dividing line between ordinary negligence and criminal negligence – a lot of it simply depends on how the jury sees the case.
– Updated through September 1, 2016