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 Alighting From Vehicle and the related topic of vehicle accidents.

Alighting From Vehicle-Statutes

See Va. Code § 46.2-927.

See Va. Code § 46.2-893 as to common carriers.

Alighting From Vehicle- Cases

1990 Doe v. Dewhirst, 240 Va. 266, 396 S.E.2d 840.

Motorist parked on left side of road facing traffic. Minor plaintiff alighting from vehicle on passenger side. John Doe struck door, which struck plaintiff. Jury issue as to contributory negligence of plaintiff.

1978 Crawford v. Johnson, 219 Va. 9, 244 S.E.2d 752.

Plaintiff’s decedent alighting from vehicle into northbound lane. Struck and killed after two or three steps. Contributory negligence as matter of law.

1961 Finck v. Brock, 202 Va. 948, 121 S.E.2d 373.

Defendant, as contract carrier and not common carrier, stopped its bus 10 feet from curb. Plaintiff alighted without looking to see if there were any vehicles in right lane and was struck by bicycle and, as such, was guilty of contributory negligence as matter of law.

1956 Doerr v. Barnes, 198 Va. 306, 94 S.E.2d 271.

Passenger,alighting from vehicle, depressed accelerator. Defendant not guilty of gross negligence.

1956 Jamison v. Richardson, 198 Va. 190, 93 S.E.2d 140.

Alighting from vehicle stopped on travelled portion of highway without maintaining reasonable lookout for approaching vehicles is contributory negligence.

1950 Reams v. Cone, 190 Va. 835, 59 S.E.2d 87.

It is contributory negligence as matter of law for person to get out of car on left, step into street, and fail to look or see lighted bus that was within few feet of him, approaching slowly.

1944 Arlington & Fairfax Transp. Co. v. Simmonds, 182 Va. 796, 30 S.E.2d 581.

Plaintiff alighted from and was subsequently struck by bus. Plaintiff claimed that point of discharge was unsafe. There was no evidence that at time of accident this point of discharge was dangerous.

1942 VEPCO v. Thomas, 180 Va. 292, 23 S.E.2d 148.

Where bus is forced to stop some distance from designated stopping point due to presence of stopped bus in front of it, and where driver had no actual or constructive notice of dangerous condition on side of road, then there is no negligence attributable to driver due to passenger falling into alleged dangerous condition.

1970 Sykes v. Langley Cabs, Inc., 211 Va. 202, 176 S.E.2d 417.

Plaintiff alights from taxicab on pier on dark and stormy night; falls off pier and drowns. Relationship of carrier and passenger does not terminate until after passenger has alighted from conveyance and has had reasonable opportunity to reach place of safety.

1966 Smith v. Virginia Transit Co., 206 Va. 951, 147 S.E.2d 110.

Fact that defendant’s bus did not stop at regularly designated point did not make defendant liable since there was no showing that statute requiring buses to stop at regularly designated points was enacted to protect plaintiff alighting from bus.

1960 School Bd. v. Thomas, 201 Va. 608, 112 S.E.2d 877.

Child alights from school bus. Driver fails to activate signals. Verdict against bus driver.

1955 National Cab Co. v. Bagby, 196 Va. 703, 85 S.E.2d 270.

City ordinance provided that no one shall enter or exit cab from left door unless cab is on one way street and has pulled to left side of street. Where plaintiff does exit from left door and does not keep lookout for approaching traffic, then plaintiff is guilty of contributory negligence.

1953 Eggleston v. Broadway-Manhattan Taxicab Corp., 194 Va. 584, 74 S.E.2d 212.

Passenger alighting from left side of taxi guilty of contributory negligence as matter of law.

1952 Selfe v. Hale, 193 Va. 543, 69 S.E.2d 434.

Plaintiff injured when mining company train struck bus that in turn struck plaintiff. Bus pulled off road to let off passengers but rear of bus was partially across track. Mining company contended that there was no showing of sufficient interval of time for train to have been stopped after lookout saw, or should have seen, that bus was on track.

1951 Tri-State Coach Corp. v. Stidham, 191 Va. 790, 62 S.E.2d 894.

Plaintiff’s minor decedent struck and killed by defendant’s bus. Relation of carrier and passenger does not terminate until after passenger has alighted from conveyance and has had reasonable opportunity to reach place of safety.