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 Speed Limit. For more information on traffic collisions see the pages on Wikipedia. 

Speed Limit-Statutes

See Va. Code § 46.2-877 as to minimum speed limits indicating that no person shall drive at such slow speed to impede reasonable flow of traffic.

Speed Limit-Cases

1967 Tyree v. Lariew, 208 Va. 382, 158 S.E.2d 140.

Minimum safe speed was 25 mph. Speed limit 55 mph. Plaintiff traveling at 30 to 35 mph. Jury issue presented.

1961 Bedget v. Lewin, 202 Va. 535, 118 S.E.2d 650.

Maximum safe speed was stated to be 40 mph.

1960 Gill v. Halslip, 201 Va. 840, 114 S.E.2d 603.

Defendant contends speed limit was 35 mph and his speed was 15 to 20 mph. Plaintiff contends limit was 25 mph and defendant’s speed was 60 mph. Question of speed limit immaterial, because what defendant contends his speed was is within either limit.

1955 Garst v. Obenchain, 196 Va. 664, 85 S.E.2d 207.

Highway sign stating maximum safe speed is not speed limit sign, but caution or warning sign that jury might have considered as one circumstance in determining what was reasonable speed under all circumstances.

1953 Laubach v. Howell, 194 Va. 670, 74 S.E.2d 794.

When there is no direct evidence of what speed limit was at scene of accident, then court cannot instruct jury that speed limit was 25 mph.

1953 Worrell v. Winstead, 194 Va. 597, 74 S.E.2d 62.

Plaintiff testified defendant exceeding speed limit although she did not know speed limit or actual speed. This is not evidence of negligence.

1951 Mitchell v. Wilkerson, 193 Va. 121, 67 S.E.2d 912.

Defendant overturned his truck injuring plaintiff guest. Defendant claimed speed limit sign not properly displayed. While signs are essential, substantial compliance with statute as to location or placing of such signs is sufficient to make regulation valid and effective.