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 Slowing.For more information on traffic collisions see the pages on Wikipedia.  

Slowing Auto-Statutes

See Va. Code § 46.2-1081 as to slow-moving vehicle emblems. 

Slowing Auto-Cases

1994 Thomas v. Settle, 247 Va. 15, 439 S.E.2d 360. 

Wrongful death action. Decedent was sixteen years of age. While driving vehicle it appeared to run out of gas. He was able to start vehicle again and proceeded on to four lane highway to reach gas station. En route vehicle began to stall again and he was rear-ended by defendant’s truck traveling within speed limit. Decedent had no emergency flashers on. Issue of negligence in regards to flashers and in regards to failing to maintain proper fuel level created jury questions as to negligence. Question of proximate cause as to decedent’s negligence and defendant’s negligence were for jury. Even if plaintiff is guilty of negligence per se, proximate cause is usually a question for jury. 

1965 Wagner v. Fiery, 206 Va. 370, 143 S.E.2d 876. 

Rear-ender. When motorist slightly reduces speed on highway by easing up on accelerator without any present intention of stopping or turning, there is no duty to signal.

1964 Richardson v. Hackett, 204 Va. 847, 134 S.E.2d 312. 

Plaintiff was rear-ended by defendant. Plaintiff was slowing down at time. There is no requirement that motorist look continuously in his rear view mirror.