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Stalled Vehicles Cases Summarized By Accident Attorney

Fairfax Injury Lawyer Brien Roche Summarizes Stalled Vehicles Cases

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 Stalled Vehicles.For more information on traffic collisions see the pages on Wikipedia.  

Stalled Vehicles-Statutes

See Va. Code § 46.2-1209 indicating that it is unlawful to leave vehicle unattended on highway if such creates hazard or has been left unattended for more than 24 hours.

See Va. Code § 46.2-111 as to duty to place flares and other signals.

Stallled Vehicles-Cases

1974 James v. The Union Mission, 215 Va. 331, 210 S.E.2d 142.Plaintiff’s vehicle stalled across highway; vehicle driven by defendant’s agent struck plaintiff’s vehicle. Not error to refuse last clear chance instruction as plaintiff asserted she was free from fault and defendant’s agent was guilty of negligence, solely causing accident. Should be read in conjunction with 205 Va. 159, 135 S.E.2d 786.

1967 Roberts v. Mundy, 208 Va. 236, 156 S.E.2d 593.Plaintiff’s vehicle broke down because of inability to shift gears. Jury issue as to whether failure to post flares was negligence.

1967 Bartlett v. Roberts Recapping, Inc., 207 Va. 789, 153 S.E.2d 193.Defendant’s car stalled on highway, injured parties came to her side; other vehicle came to such sudden stop that tires it was hauling were thrown off, killing one, and injuring another. Contribution principles discussed. No actionable negligence on part of defendant.

1966 Pennsylvania Nat’l Mut. Cas. Ins. Co. v. Bristow, 207 Va. 381, 150 S.E.2d 125.Plaintiff injured when disabled vehicle, into which he was leaning over to inspect wiring, was struck in rear by defendant. Uninsured motorist case. Plaintiff held not to be covered, as he was not “occupying” vehicle within meaning of policy.

1966 Elliott v. Lewis, 207 Va. 361, 150 S.E.2d 129.Statutory prohibition against stopping on highway applies only when use of highway is thereby impeded or rendered dangerous to others, and not in case of emergency caused by accident or mechanical breakdown.

1965 Canupp v. Wade, 205 Va. 850, 140 S.E.2d 659.Defendant entered highway and his vehicle stalled in plaintiff’s lane where collision occurred. Jury issue.

1964 Irvan v. Jamison Oil Co., 205 Va. 1, 135 S.E.2d 153.Lack of proper control not shown by fact that plaintiff’s car stalled after he entered highway where he testified he had started motor and was in control at time of collision.

1959 Miller v. Query, 201 Va. 193, 110 S.E.2d 198.No statute prohibits pushing of one vehicle by another on public highway.

1957 Davis v. Scarborough, 199 Va. 100, 97 S.E.2d 731.Evidence presented jury issue as to whether defendant should have seen disabled vehicle on road at night and whether decedent was guilty of negligence in changing tire on vehicle stopped on highway.

1954 Burton v. Oldfield, 195 Va. 544, 79 S.E.2d 660.Stalled vehicles.Driver of disabled vehicle has duty to remove it from highway as soon as possible (Va. Code § 46-256) [now § 46.2-888], this duty is not satisfied merely by moving it from paved portion of highway onto shoulder.

1953 Wolfe v. Lockhart, 195 Va. 479, 78 S.E.2d 654.Stalled vehicles.Both operator of striking vehicle and disabled vehicle guilty of negligence: operator of striking vehicle for speeding and improper lookout, and operator of disabled vehicle for leaving vehicle on highway.

1952 Bonich v. Waite, 194 Va. 374, 73 S.E.2d 389.Plaintiff’s vehicle disabled on side of road. Plaintiff was endeavoring to remove it when accident happened.

1952 Burton v. Oldfield, 194 Va. 43, 72 S.E.2d 357.Disabled vehicle being pushed on roadway at night when struck by defendant’s vehicle. Jury issue presented.

1951 Carter v. Pickering, 191 Va. 801, 62 S.E.2d 856.Stalled vehicles.Plaintiff’s decedent struck and killed by speeding car while directing traffic around stalled truck. Stalled truck had no flares as required by statute. Question of negligence on part of defendants operating stalled truck was properly submitted to jury despite objection that intervening negligence of speeding motorist was proximate cause of accident.

1948 Moore v. Virginia Transit Co., 188 Va. 493, 50 S.E.2d 268.Stalled bus on highway with no lights at night presents jury question as to whether this is negligence.

1948 Voight v. Reber, 187 Va. 157, 46 S.E.2d 15.Stalled vehicles.Truck was stopped on roadway at night due to mechanical problem. Evidence indicated that stalled vehicle was properly lit.

1948 Millard v. Cohen, 187 Va. 44, 46 S.E.2d 2.Failure to see unlit obstruction that extends entirely across right lane and into passing lane, on dark night, in time to avoid collision is not gross negligence.

1946 Harris Motor Lines v. Green, 184 Va. 984, 37 S.E.2d 4.Stalled vehicles.Defendant’s disabled vehicle was left partially on roadway without lights or flares at night. This conduct amounted to gross negligence.

1944 Hoover v. Neff, 183 Va. 56, 31 S.E.2d 265.Disabled vehicle left on roadway at night without lights. Verdict for plaintiff.

1944 Perdue v. Patrick, 182 Va. 398, 29 S.E.2d 371.Stalled vehicles.Defendant’s truck stalled at railroad crossing at night. Adequate flares put out by defendant. Plaintiff rear-ended defendant. Plaintiff guilty of negligence.

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Stalled Vehicles Cases Summarized By Accident Attorney

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