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 Load. For more information on traffic accidents see the pages on Wikipedia.

Load-Statutes

See Va. Code § 46.2-1156 as to preventing escape of load material.

See Va. Code § 18-2-324 as to throwing or depositing certain substances on highway.

See Va. Code §§ 33.1-345 and 33.1-346 as to dropping load on roadway.

See Va. Code § 46.2-855 as to load obstructing driver’s view or interfering with driver’s control constituting reckless driving.

See Va. Code § 46.2-1017 as to lights required on over-wide loads.

See Va. Code § 46.2-1018 as to vehicles or loads exceeding 35 feet.

See Va. Code § 46.2-1121 as to flag or light being required at end of load.

See Va. Code §§ 46.2-1156 and 46.2-1155 as to dropping load.

See Va. Code § 46.2-1105 as to width of vehicles and exceptions thereto.

See Va. Code § 46.2-1112 as to length of vehicles.

See Va. Code §§ 46.2-1120 and 46.2-1111 as to extension of load beyond front of vehicle or beyond line of fender or body.

Load-Cases

1989 Lawson v. Doe, 239 Va. 477, 391 S.E.2d 333.

Wrongful death case. No witnesses to accident. Plaintiff contended that decedent struck by board extending from John Doe’s vehicle. No evidence to support this. Judgment for defendant.

1971 Landes v. Arehart, 212 Va. 200, 183 S.E.2d 127.

Plaintiff and defendant agreed to haul lathe on truck. Lathe was overly wide. Plaintiff assumed risk.

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.

1967 Bartlett v. Roberts Recapping, Inc., 207 Va. 789, 153 S.E.2d 193.

Defendant’s car stalled on highway, injured parties came to her side; plaintiff’s vehicle came to such sudden stop that tires it was hauling were thrown off, killing one and injuring another. Plaintiff settled with injured parties and sued defendant for contribution. Before contribution may be had, there must be cause of action by injured person against alleged joint tortfeasor from whom contribution is sought. On facts shown, no liability on part of defendant.

1962 Balderson v. Robertson, 203 Va. 484, 125 S.E.2d 180.

Plaintiff injured when struck by log being unloaded from truck. Injury not foreseeable.

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

Defendant hauling load of cattle. Driver knew that on sudden stopping load would cause trailer to shift. Jury issue as to defendant’s negligence.

1952 Davidson v. Jackson, 193 Va. 330, 68 S.E.2d 524.

Farm equipment wider than lane of traffic. Permissible to drive such equipment on highway but must exercise reasonable care to avoid injury to oncoming motorists.

1949 Richmond Oil Equip. Co. v. Holt, 189 Va. 334, 53 S.E.2d 11.

Plaintiff’s vehicle overloaded. Excess load not found to be cause of accident.

1947 P.L. Farmer, Inc. v. Cimino, 185 Va. 965, 41 S.E.2d 1.

Truck tipped over when unloading coal. Verdict for plaintiff.

1946 Atlantic Greyhound Corp. v. Shelton, 184 Va. 684, 36 S.E.2d 625.

Negligence to carry load, that of necessity, must extend over midline of roadway.