Tort Law

Brien Roche

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 Obstructed Vision. For more information on automobile collisions see the pages on Wikipedia.  

Obstructed Vision-Cases

1977 Nicholaou v. Harrington, 217 Va. 618, 231 S.E.2d 318.

Error to instruct jury that if defendant had obstructed vision at moment he looked, he was not negligent as matter of law. Question was whether defendant’s failure to see or to anticipate presence of plaintiff, to look longer or more often, or to wait for turning car to complete its turn before he entered highway, was reasonable.

1972 Batts v. Capps, 213 Va. 174, 191 S.E.2d 227.

Accident at uncontrolled intersection where view partially obstructed by high hedge. Evidence showed that driver of truck and driver of auto both proceeded to drive blindly into intersection. Error to give unavoidable accident instruction.

1968 Holbert v. Evans, 209 Va. 210, 163 S.E.2d 187.

Defendant proceeding at lawful speed as she passed bushes which had obstructed her view and she observed children playing on her left. Defendant slowed down, was watching children when plaintiff 4 years old suddenly ran in front of her vehicle. Despite her slamming on brakes and turning to right, defendant still struck child. Not error to give unavoidable accident instruction.

1968 Johnson v. Wilmoth, 209 Va. 82, 161 S.E.2d 682.

Defendant blinded by lights of oncoming vehicle, struck plaintiff either on shoulder or on roadway. Questions of negligence and contributory negligence for jury. Virginia does not follow rule of strict liability for temporary impairment of vision by glaring lights which requires motorist to stop or proceed at his peril.

1952 Hardiman v. Dyson, 194 Va. 116, 72 S.E.2d 361.

It is matter of common knowledge that lights of approaching autos interfere with normal vision and that it is difficult to see person in dark clothes on black surface highway.

1949 Anderson v. Payne, 189 Va. 712, 54 S.E.2d 82.

Windshield not fully cleared of frost, vision obstructed. In addition, general visibility was poor. This constituted negligence.

1948 Crouse v. Pugh, 188 Va. 156, 49 S.E.2d 421.

Jury instruction on this issue referred to.

1948 Southern Passenger Motor Lines v. Burks, 187 Va. 53, 46 S.E.2d 26.

Defendant allegedly blinded by oncoming vehicle and struck parked car.

1946 Nelson v. Dayton, 184 Va. 754, 36 S.E.2d 535.

When driver’s vision is obstructed, he is required to increase his diligence.