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 Flares and the related topic of vehicle accidents. For more information about flares see the pages on Wikipedia.

Flares-Cases

1967 Roberts v. Mundy, 208 Va. 236, 156 S.E.2d 593.

Statutory obligation to place flares on roadway by certain stalled vehicles.

1952 Savage Truck Lines v. Traylor, 193 Va. 579, 69 S.E.2d 478.

Plaintiff’s truck rear-ended by defendant’s truck. Plaintiff had stalled on highway and had failed to place flares on road, despite having ample time to do so, as required by statute. Plaintiff barred from recovery despite defendant’s negligence because violation of statute constituted negligence per se.

1949 Crist v. Fitzgerald, 189 Va. 109, 52 S.E.2d 145.

Failure to display red light on rear of disabled vehicle or flares or torches on highway constituted negligence per se.

1948 Voight v. Reber, 187 Va. 157, 46 S.E.2d 15.

Truck stalled on roadway. Flares set out on roadway.

1946 Harris Motor Lines v. Green, 184 Va. 984, 37 S.E.2d 4.

Disabled vehicle left on roadway at night without lights. This does not constitute gross negligence.

1944 Hoover v. Neff & Son, 183 Va. 56, 31 S.E.2d 265.

Leaving vehicle on highway unattended without flares or lights at dusk or as nightfall approaches is negligence as matter of law. This was instruction given by trial court.