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 Entering Highway and the related topic of vehicle accidents.  For more information on highways see the pages on Wikipedia.

Entering Highway-Statutes

See Va. Code § 46.2-100 as to definition of driveway.

See Va. Code § 46.2-863 indicating that failing to stop before entering highway from side road may constitute reckless driving.

See Va. Code § 46.2-826 as to duty of motorist entering highway or sidewalk from private road, driveway, alley, or building.

Entering Highway-Cases

1988 Van Buren v. Simmons, 235 Va. 46, 365 S.E.2d 746.

Vehicle entering public highway from private driveway must: (1) stop immediately before entering and (2) yield right-of-way to vehicles lawfully approaching. Defendants’ theory of case was plaintiff approached unlawfully on wrong side of road. Since there was evidence to support this, jury issue existed. Supreme Court reversed, however, based on instruction dealing with giving oncoming motorists one-half of travelled portion of roadway. This was error since there is no evidence that two vehicles involved were coming from opposite directions.

1987 Deskins v. T.H. Nichols Line Contractor, 234 Va. 185, 361 S.E.2d 125.

Plaintiff entered highway from driveway. There was blind curve 100 feet from driveway. Plaintiff held guilty of contributory negligence as matter of law for not seeing defendant when he came around curve and not yielding right-of-way.

1980 Parker v. Davis, 221 Va. 299, 269 S.E.2d 377.

Plaintiff entered highway from shopping center. Plaintiff looked to left before entering highway and collision occurred after plaintiff on highway. Plaintiff not contributorily negligent as matter of law.

1978 Carolina Coach Co. v. Starchia, 219 Va. 135, 244 S.E.2d 788.

Automobile pulled onto highway at low speed and rear-ended by defendant. Jury questions presented.

1977 Holland v. Holland, 217 Va. 874, 234 S.E.2d 65.

Plaintiff guest, wife of defendant driver, stating that her husband did nothing wrong and that other driver “just swerved in front of them,” was admission binding on her. She could not recover from husband.

1971 Ferguson v. Ferguson, 212 Va. 86, 181 S.E.2d 648.

Defendant entered busy highway from service road and collided with other driver whom he did not see. Jury issue as to gross negligence.

1968 Bruce v. Madden, 208 Va. 636, 160 S.E.2d 137.

Defendant was entering highway. She stopped behind plaintiff and looked to left for traffic and then accelerated and rear-ended plaintiff in front of her. This was negligence as matter of law.

1967 Kelley v. Henley, 208 Va. 264, 156 S.E.2d 618.

Plaintiff pulled from driveway onto highway. Plaintiff under obligation to stop and yield before entering highway. Plaintiff pulled out when defendant was one to nine car lengths away, traveling 50 mph. This is contributory negligence as matter of law.

1966 Seawell v. Carmines, 207 Va. 294, 149 S.E.2d 903.

Plaintiff’s decedent struck and killed while attempting to enter highway from private road. Contributory negligence as matter of law existed. Either he entered highway without stopping or if stopped, he left vehicle protruding with front bumper into defendant’s lane in violation of Va. Code § 46.1-223 [now § 46.2-826].

1965 Moon v. Hill, 206 Va. 437, 143 S.E.2d 892.

Plaintiff was about to enter roadway from driveway. He failed to stop before entering roadway. Jury question as to whether failure to stop before entering highway was proximate cause of accident.

1964 Irvan v. Jamison Oil Co., 205 Va. 1, 135 S.E.2d 153.

Plaintiff entered highway and, after traveling 75 feet, was rear-ended. Jury issue presented.

1962 Citizen’s Rapid Transit v. O’Hara, 203 Va. 979, 128 S.E.2d 270.

Plaintiff entering highway saw bus 295 feet away and pulled onto highway. Jury issue presented.

1961 Adams v. Allen, 202 Va. 941, 121 S.E.2d 364.

Defendant entered highway from parking lot. Jury question presented.

1960 Railway Express Agency v. Moore, 201 Va. 928, 114 S.E.2d 626.

Defendant entered highway from parking lot and collided with plaintiff in intersection. Defendant did not have right-of-way even though he entered intersection from right.

1956 Harvey v. C. & P. Tel. Co., 198 Va. 213, 93 S.E.2d 309.

Defendant entered highway from side street. Defendant did not signal his right turn onto highway. Failure to signal not proximate cause of accident.

1956 Hall v. Miles, 197 Va. 644, 90 S.E.2d 815.

No error committed in refusing to instruct jury that defendant was negligent as matter of law in failing to bring her vehicle to stop immediately before crossing ditch into paved portion of street. Defendant’s car was in stopped position immediately before it entered public highway.

1955 Brown v. Damron, 197 Va. 309, 89 S.E.2d 54.

Driver entering public highway must yield to vehicles approaching.

1955 Nehi Bottling Co. v. Lambert, 196 Va. 949, 86 S.E.2d 156.

All vehicles shall stop before entering highway from side thereof.

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

Person entering public street from private road or driveway shall bring his vehicle to stop before entering street, of which sidewalk is part.

1952 Umberger v. Koop, 194 Va. 123, 72 S.E.2d 370.

Before entering main arterial highway, it is duty of operator to use reasonable care to maintain lookout and not to drive across it until, in exercise of reasonable care, it appears safe to do so.

1951 Burke v. Scott, 192 Va. 16, 63 S.E.2d 740.

Defendant entering highway from driveway. Conflicting evidence as to how accident occurred.

1950 Caldwell v. Parker, 191 Va. 471, 62 S.E.2d 34.

Plaintiff emerged from private driveway and accident occurred shortly thereafter. Plaintiff’s failure to see approaching vehicle presented jury issue.

1950 Davis v. Webb, 190 Va. 997, 59 S.E.2d 116.

Facts involve case of automobile pulling from parking lot onto highway in dangerous proximity to plaintiff’s approaching vehicle.

1949 Kinser v. Haga, 189 Va. 963, 54 S.E.2d 886.

Taxicab entered highway from driveway without stopping or giving signal. His negligence was not contested.

1949 Davis v. Webb, 189 Va. 80, 52 S.E.2d 141.

Conflicting evidence as to whether vehicle pulled onto highway into lane of traffic.

1948 Edgerton v. Norfolk S. Bus Corp., 187 Va. 642, 47 S.E.2d 409.

Bus pulling out of tunnel struck child. Conflicting evidence as to whether bus stopped before crossing sidewalk.

1948 Doss v. Rader, 187 Va. 231, 46 S.E.2d 434.

Before entering arterial roadway one is required to be on lookout for oncoming traffic.

1945 Keen v. Harman, 183 Va. 670, 33 S.E.2d 197.

Common knowledge that when driver attempts to get wheels on hard surface from soft dirt shoulder, tracks will be wider and dirt will be thrown in opposite direction.

1942 Remine v. Whited, 180 Va. 1, 21 S.E.2d 743.

Driver on arterial street had clear unobstructed view of intersecting roadway. When about 150 feet from intersection, he looked across intersecting street and saw nothing. He looked straight ahead thereafter and did not see other vehicle until six feet away. Driver negligent since he has duty to look up intersecting street.