Vermont Modified Comparative Negligence & the Greater-Than-50% Bar

Vermont follows modified comparative negligence. A claimant may recover when the claimant’s negligence is not greater than the causal negligence of the defendant or combined defendants, with damages reduced in proportion to assigned fault. This guide addresses allocation, multiple defendants, and related litigation consequences.

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Current-law review: September 23, 2026. Verify current 12 V.S.A. §1036, allocation principles, exceptions, and controlling appellate decisions before publication.

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PUBLIC-INTEREST LEGAL EDUCATION

VictimsGuide does not provide legal services or create an attorney-client relationship. Verify current primary authority, policy language and applicable law before legal reliance.

Official Vermont sources

Vermont Statutes · Vermont Department of Financial Regulation · Vermont Judiciary

Bottom line. Preserve Vermont-specific UM/UIM, comparative-negligence, government-claim, damages, settlement and current-authority issues before legal reliance.

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A Citizen’s Guide to Auto Insurance and Crash Law

Find the state. Identify the problem. Preserve the record. Learn the law. Make an informed decision.

Public-interest education only. No legal services offered or accepted. No attorney-client relationship created. Verify current primary authority and the law applicable to the particular event before legal reliance.