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 Buses and the related topic of vehicle accidents. For more information on bus related issues see the page on Wikipedia.

Buses-Statutes

See Va. Code § 46.2-100 for definition.

See Va. Code § 46.2-859 as to failing to stop for school buses.

See Va. Code § 46.2-893 as to alighting and boarding students.

Buses-Cases

2004 Greater Richmond Transit Co. v. Massey, 268 Va. 354, 601 S.E.2d 609.

In this case involving bus accident, bus company sought contributory negligence instruction on the grounds that the plaintiff stood up before the bus came to a complete stop. That alone is not evidence of contributory negligence.

1983 Community Motor Bus Co. v. Windley, 224 Va. 687, 299 S.E.2d 367.

Bus driver who abruptly stopped bus thereby throwing plaintiff passenger to floor after rock had crashed through window was not guilty of gross negligence under former guest statute. Gross negligence is utter disregard of prudence amounting to complete neglect of safety.

1975 Bickley v. Farmer, 215 Va. 484, 211 S.E.2d 66.

Plaintiff’s minor decedent attempted to board school bus but was refused admission by driver. Defendant driver turned off flashers, child attempted to cross road, was struck and killed by co-defendant’s vehicle. Contributory negligence instruction regarding parents of child given. This was reversible error. Moreover, presence of school bus taking on or discharging school children is a warning of danger to drivers upon highway.

1968 Crabbe v. County Sch. Bd., 209 Va. 356, 164 S.E.2d 639.

Statute waives immunity from liability arising in connection with operation of school buses but does not constitute general waiver of governmental immunity of school board for liability.

1967 Wilson v. Whittaker, 207 Va. 1032, 154 S.E.2d 124.

Plaintiff’s minor decedent killed while crossing street after alighting from school bus. Defendants admitted liability: driving with defective brakes and at excessive speed.

1964 Virginia Transit Co. v. Schain, 205 Va. 373, 137 S.E.2d 22.

Child ran into side of bus between intersections. Plaintiff’s evidence did not convict defendant of negligence.

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

Duties of motor vehicle operator when approaching school bus, picking up, or discharging students stated. Jury issue presented in this case as to negligence of bus driver due to selection of crossing guard and observation of traffic to rear.

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

It is negligence as matter of law to heedlessly step in front of moving bus.