Tort Law

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Backing Vehicle and the related topic of vehicle accidents.  For more information about backing vehicle issues see the page on Wikipedia.

Backing Vehicle-Cases

1982 Farren v. Gilbert, 224 Va. 407, 297 S.E.2d 668.

Prima facie case of primary negligence not shown where decedent was either struck or fell under delivery truck that was being backed into parking lot. Question of whether driver of backing vehicle had duty to post helper as lookout not decided.

1979 Jordan v. Jordan, 220 Va. 160, 257 S.E.2d 761.

Backing vehicle. Wife backed over husband, who was squatting behind automobile. No duty to inspect behind car in this case, therefore, no negligence as matter of law.

1979 J. & E. Express v. Hancock Co., 220 Va. 57, 255 S.E.2d 481.

Truck driver backing up to loading dock hits sprinkler pipes not readily open to view. Verdict for truck driver.

1973 Clark v. Parks, 213 Va. 744, 195 S.E.2d 859.

Backing vehicle.Plaintiff backed his car upon highway in path of defendant’s truck which plaintiff had seen coming. Rear of car struck by truck. Not error to grant summary judgment on contributory negligence.

1967 Miller v. Vaughan Motor Co., 207 Va. 900, 153 S.E.2d 266.

Plaintiff struck by ladder on one of defendant’s trucks while it was backing. Defendant guilty of negligence as matter of law.

1964 Carner v. Hendrix, 205 Va. 24, 135 S.E.2d 113.

Defendant backing vehicle.truck on road. Plaintiff approached from rear and saw defendant 150 feet away, braked, skidded into parked car, and plaintiff injured. Jury issue as to negligence based on lookout and whether proper signal given.

1961 Wright v. Kelly, 203 Va. 135, 122 S.E.2d 670.

Truck driver backed out of driveway and struck child crouched behind truck. Defendant knew or should have known that child in vicinity; jury issue presented.

1956 Ward v. Lewis, 197 Va. 811, 91 S.E.2d 893.

Child struck and killed by defendant while backing. Negligence not proved.

1952 Messick v. Barham, 194 Va. 382, 73 S.E.2d 530.

In backing vehicle from private driveway on to public street, driver must exercise that degree of caution that ordinarily careful and prudent driver would exercise under similar circumstances. It was error for court to instruct jury that backing of automobile is fraught with greater danger than driving it forward since this is factual determination to be made by jury.

1946 Virginia Stage Line v. Spencer, 184 Va. 870, 36 S.E.2d 522.

Backing of bus, where construction of bus prevents driver from seeing to rear and where such is done without assistance of helper and in area of pedestrian traffic, establishes ample evidence of negligence.

1944 House v. Hall, 182 Va. 645, 29 S.E.2d 844.

Defendant was backing up in driveway when he struck plaintiff. Defense verdict upheld.

1943 Beard v. Bryant, 181 Va. 739, 26 S.E.2d 61.

Truck driver on construction job backing vehicle on path reserved for vehicles that had just completed through load and were traveling in opposite direction. Verdict for plaintiff sustained.