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 Passing. For more information on passing see the pages on Wikipedia.

Passing-Statutes

See Va. Code § 46.2-854 as to passing on curve or on hill constituting reckless driving.

See Va. Code § 46.2-858 as to passing at intersection.

See Va. Code § 46.2-803 stating that passing in intersection not allowed unless it is designated as passing zone.

See Va. Code §§ 46.2-804, 46.2-838.

See Va. Code § 46.2-841 as to passing on right.

See Va. Code § 46.2-842 as to duty of vehicle being overtaken.

See Va. Code § 46.2-843 as to duties of passing vehicle.

Passing-Cases

1990 Cofield v. Nuckles, 239 Va. 186, 387 S.E.2d 493.

Defendant, while in curb lane, passed stopped vehicles. Court could not hold as a matter of law that defendant negligent.

1976 Baines v. Parker, 217 Va. 100, 225 S.E.2d 403.

Motor vehicle accident. Failure to sound horn while passing. Question for jury whether failure was violation of statute and whether such violation was proximate cause of accident.

1976 Colonial Motor Freight v. Nance, 216 Va. 552, 221 S.E.2d 132.

Plaintiff was passed by tractor-trailer and thereafter lost control. No evidence of how or why accident happened.

1975 Boyd v. Diggs, 215 Va. 560, 211 S.E.2d 97.

Plaintiff attempted to pass defendant in close proximity to intersection in violation of statute. Contributory negligence as matter of law.

1972 Cline v. Larry’s Elec. Co., 213 Va. 143, 191 S.E.2d 231.

Plaintiff attempted to pass defendants’ vehicles in 25 mph residential zone; as plaintiff came about to pass, one defendant turned left into plaintiff’s vehicle. Jury verdict for defendants affirmed.

1970 Riley v. Harris, 211 Va. 359, 177 S.E.2d 630.

Plaintiff struck head-on while defendant passing truck in plaintiff’s lane of travel. Instruction that told jury that defendant was on “wrong side of road” was improper and properly refused. Defendant made reasonable explanation and jury verdict sustained. Not on wrong side of road if proper area for passing.

1966 Neblett v. Hunter, 207 Va. 335, 150 S.E.2d 115.

Instruction that decedent was negligent, if she was passing defendant on right, was contrary to provisions of Va. Code § 46.1-210(2) [now § 46.2-841] where highway was dual-laned. Rule inapplicable.

1966 White v. John Doe, 207 Va. 276, 148 S.E.2d 797.

Plaintiff policeman was pursuing speeding motorist on his motorcycle. As officer came alongside left rear of vehicle, it suddenly turned left into intersecting street. Plaintiff guilty of contributory negligence as matter of law. Statute forbids overtaking or passing another vehicle at intersection. Police officer not exempt.

1965 Loving v. Mason, 206 Va. 613, 145 S.E.2d 131.

Intersection accident. Plaintiff was in process of passing another vehicle and was partially in oncoming lane in intersection when impact occurred. Plaintiff guilty of negligence.

1965 Beasley v. Bosschermuller, 206 Va. 360, 143 S.E.2d 881.

Defendant pulled in front of plaintiff’s oncoming vehicle. Plaintiff was in left lane after having overtaken another vehicle. Jury question presented as to whether plaintiff was negligent for not returning to right lane after passing.

1963 Mullins v. Clifton, 204 Va. 515, 132 S.E.2d 422.

Plaintiff attempted to pass defendant and was driven off road by defendant. Verdict for plaintiff sustained.

1959 Smith v. New Dixie Lines, 201 Va. 466, 111 S.E.2d 434.

Co-defendant endeavored to pass defendant on crest of hill. Result was collision between defendant and oncoming motorist. Jury issue presented.

1957 Simmons v. Craig, 199 Va. 338, 99 S.E.2d 641.

Vehicle shall not be driven to left of center in passing another vehicle in same direction unless such left side is clearly visible and is free of oncoming traffic for sufficient distance ahead to permit such passing. In this instance, visibility was impaired and operator of passing vehicle was guilty of negligence as matter of law.

1955 Independent Cab Ass’n v. La Touche, 197 Va. 367, 89 S.E.2d 320.

Conflicting evidence as to whether vehicle was passing at time of accident was for jury to weigh. Duty to sound horn while passing discussed.

1955 Petcosky v. Bowman, 197 Va. 240, 89 S.E.2d 4.

Defendant attempted to pass vehicle on four-lane highway that was unmarked at time of accident. Code section, re: duty not to pass at crest of hill, was applicable because four-lane highway was unmarked.

1955 Matthews v. Hicks, 197 Va. 112, 87 S.E.2d 629.

Tractor-trailer collides with road roller while attempting to pass. Defendant driver failed to maintain proper lookout as he swerved into road roller to avoid being hit by vehicle also passing.

1955 Jessee v. Slate, 196 Va. 1074, 86 S.E.2d 821.

Overtaking vehicle shall pass at least two feet to left of overtaken vehicle even if this vehicle (in this case horse) is on shoulder.

1952 Elswick v. Collins, 194 Va. 292, 72 S.E.2d 626.

When left-turning vehicle has completed its turn, then statute governing passing on right is not applicable. In this case, vehicle turned to left and then back to right.

1952 Painter v. Lingon, 193 Va. 840, 71 S.E.2d 355.

Plaintiff injured when defendant attempted to pass and struck vehicle in which plaintiff was riding, traveling in opposite direction. Evidence showed defendant guilty of negligence for failure to maintain proper lookout.

1948 Dey v. Virginia Transit Co., 187 Va. 635, 47 S.E.2d 552.

In passing vehicle, overtaking vehicle shall pass at least two feet to left thereof.

1947 Gary v. Artist, 186 Va. 616, 43 S.E.2d 833.

Instruction which told jury that truck driver could pass on right of auto in front of him without having statutory signal given to him was improper.