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 Parking and Parked Cars.For more information on parking and parked cars see the pages on Wikipedia.

Parking and Parked Cars-Statutes

See Va. Code § 46.2-1239 as to parking by fire hydrant, street comer, or fire station.

See Va. Code § 46.2-1071 as to requirements for parking on roadway.

Parking and Parked Cars-Cases

1977 Cox v. Mabe, 214 Va. 705, 204 S.E.2d 253.

Defendant parked her vehicle partially on roadway. Jury issue as to whether her negligence was cause of accident.

1972 Farrish v. Van Fossen, 212 Va. 815, 188 S.E.2d 201.

Failure to turn front wheels of parked vehicle into curb when parked on highway is negligence per se.

1965 Saulsbury v. Williams, 205 Va. 727, 139 S.E.2d 816.

Defendant sold produce from truck parked on road. Infant plaintiff crossed street from in front of truck and was struck. Jury issue as to whether truck rendered use of road dangerous.

1965 Vought v. Jones, 205 Va. 719, 139 S.E.2d 810.

Ice cream truck stopped on street to make sale. Plaintiff struck while crossing street. Jury issue as to whether truck parked so as to make streets dangerous.

1964 Maloney v. Wilson, 205 Va. 369, 136 S.E.2d 858.

Decedent’s car parked on highway at night without lights. Defendant struck vehicle. Motion to strike granted.

1962 Allen v. Brooks, 203 Va. 357, 124 S.E.2d 18.

Plaintiff ran into rear of vehicle parked on side of street in no parking zone; verdict for plaintiff.

1961 Nationwide Mut. v. Jewel Tea Co., 202 Va. 527, 118 S.E.2d 646.

This contribution suit related to auto accident where Jewel Tea vehicle was parked on curve and vehicle was allegedly caused to veer into oncoming lane order to get around it.

1956 Birtcherd Dairy, Inc. v. Edwards, 197 Va. 830, 91 S.E.2d 421.

Co-defendant parked vehicle on street to make delivery; code prohibits park in such manner as to render dangerous use of street by others. Court improper instructed jury that parking must have been “unreasonable,” but this was err as statute is not dependent on reasonableness of parking.

1955 Greear v. Noland Co., 197 Va. 233, 89 S.E.2d 49.

Plaintiff struck by vehicle driven by defendant while he was standing on side road speaking with person in parked car. Irrelevant and immaterial whether not vehicle could have been parked further off of roadway.

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

Stopping car on roadway to momentarily pick up or discharge passengers is equivalent of parking.

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

Collision with trailer without lights parked on highway. Failure to have lights vehicle is negligence per se.

1949 Scott v. Simms, 188 Va. 808, 51 S.E.2d 250.

Parking and parked cars. Presence of parked car extending into intersection is negligence.

1948 Marks v. Ore, 187 Va. 146, 45 S.E.2d 894.

Defendant parked several vehicles on side of road at night. Left sides of vehicles extended onto roadway. Verdict for plaintiff.