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 Stopping on Highway.For more information about traffic collisions see the pages on Wikipedia.  

Stopping on Highway-Statutes

See Va. Code § 46.2-888.

Stopping on Highway-Cases

2002 Hot Shot Express, Inc. v. Brooks, 264 Va. 126, 563 S.E.2d 764.

Defendant driving a tractor trailer stopping on highway in right lane because he had passed his delivery site. It is negligence per se to violate statute prohibiting stopping of motor vehicle in a manner so as to impede or render dangerous the use of the highway by others except in case of an emergency or accident or because of mechanical breakdown. Trial court properly concluded this was negligence as a matter of law but left the issue of proximate cause to the jury.

1996 Harrah v. Washington, 252 Va. 285, 477 S.E.2d 281.

Even though defendant’s stopping on highway in this multi-car accident may have proper he had a duty to move his vehicle off the roadway as soon as possible. Jury instruction in question failed to state that to jury and as such it was incomplete.

1982 Wells v. McMahon, 223 Va. 192, 288 S.E.2d 439.

Rear-ender. Case remanded for new trial where trial court erred in determining as matter of law that defendant was negligent in failing to avoid collision and that plaintiff was free of contributory negligence in stopping on highway.

1978 Crawford v. Johnson, 219 Va. 9, 244 S.E.2d 752.

Decedent stopping on highway where there was room on shoulder and then proceeded to cross highway. Contributory negligence as matter of law.

1976 Lerwill v. Regent Van & Storage, Inc., 217 Va. 490, 229 S.E.2d 880.

Plaintiff struck in rear by defendant as he was momentarily stopped to make left turn. Rules not to obstruct highway and no stopping on highway so as to impede traffic not applicable. Degrees of contributory negligence discussed.

1976 Riggle v. Waddell, 216 Va. 577, 221 S.E.2d 142.

Defendant stopping on highway as result of prior accident and was rear-ended by vehicle in which plaintiff was passenger. Plaintiff’s driver was forewarned of danger ahead, yet failed to slow down. Negligence of defendant was remote cause. Negligence of plaintiff’s driver was sole proximate cause.

1974 Cox v. Mabe, 214 Va. 705, 204 S.E.2d 253.

Defendant parked vehicle partially on highway. Jury question presented as to whether this negligence of stopping on highway was cause of accident.

1972 Dalton v. Lawhorne, 212 Va. 530, 186 S.E.2d 90.

Plaintiff has duty to see that she could start or stopping on highway with reasonable safety if such movement affected another car.

1970 Biggs v. Martin, 210 Va. 630, 172 S.E.2d 767.

Driver has right to assume that no vehicle will be stopped in his line of travel on public highway. Operator not required to drive at such speed that he could stop within his range of vision.

1969 Hagan v. Hicks, 209 Va. 499, 165 S.E.2d 421.

Decedent ran into rear of delivery truck that was without proper lights, at night, stopped on highway, and loaded with heavy logs that extended six or seven feet past truck.

1968 Virginia Stage Lines v. Brockman Chevrolet, Inc., 209 Va. 188, 163 S.E.2d 148.

Defendant stopped bus on highway in violation of Va. Code § 46.1-248(a) [now § 46.2-888], which was negligence per se. Plaintiff failed to establish such negligence as proximate cause. Judgment for plaintiff reversed.

1968 Saunders & Rittenhouse v. Bullock, 208 Va. 551, 159 S.E.2d 820.

Defendant’s vehicle was stopped on highway and was rear-ended. This was negligence per se.

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 by accident or mechanical breakdown.

1966 Sexton v. Stroman, 207 Va. 33, 147 S.E.2d 758.

Plaintiff stopped suddenly to avoid striking vehicle in her lane when defendant struck her from rear. Conflict as to whether plaintiff’s brake lights were working. Verdict for defendant supported by evidence.

1966 Finch v. McRae, 206 Va. 917, 147 S.E.2d 83.

Law of Virginia does not impose duty to drive auto at such speed that it can be stopped at all times within driver’s range of vision.

1965 Moon v. Hill, 206 Va. 437, 143 S.E.2d 892.

Plaintiff stopped on shoulder by his driveway, parallel to roadway, awaiting defendant to pass. Defendant came onto shoulder and struck plaintiff. Verdict for plaintiff upheld. Virginia Code § 46.1-248 [now § 46.2-888] not applicable to this case since plaintiff not stopped on roadway.

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

Plaintiff was slowing down in preparation of passing under overpass and he was rear-ended. Jury question presented.

1962 Richmond Greyhound Lines v. Brown, 203 Va. 950, 128 S.E.2d 267.

Bus stopped on highway to discharge passenger at night. Plaintiff had ample opportunity to see bus. Contributory negligence as matter of law.

1956 Jamison v. Richardson, 198 Va. 190, 93 S.E.2d 140.

Vehicle should not be stopped on travelled portion of highway for purpose of taking on or discharging passengers unless operator cannot leave travelled portion of highway with safety.

1953 Huffman v. Sorenson, 194 Va. 932, 76 S.E.2d 183.

Motorist has clear duty to remove his stopped vehicle from highway.

1951 Atlantic Coast Line Ry. v. Withers, 192 Va. 493, 65 S.E.2d 654.

Court applied North Carolina law that stated that vehicle shall not be driven at rate of speed such that it cannot be stopped within driver’s range of vision.

1950 Bryan v. Fewell, 191 Va. 647, 62 S.E.2d 39.

Reference made to table of stopping distance on dry surface. In fact, surface was wet; there was evidence tending to show that this would substantially affect stopping distance.

1948 Crew v. Nelson, 188 Va. 108, 49 S.E.2d 326.

Amount of time vehicle has been stopped on highway may be determinative of negligence of operator and whether negligence was remote or proximate cause.

1948 Murray v. Smithson, 187 Va. 759, 48 S.E.2d 239.

Supreme Court seems to take notice of fact that vehicles overloaded and hauling trailer cannot be stopped in same distance it takes to stop standard equipped auto.

1948 Doss v. Rader, 187 Va. 231, 46 S.E.2d 434.

Statute prohibiting stopping on highway was not intended to require motorist to refrain from stopping when going ahead would bring his car into collision with another vehicle or some other object.

1946 Harris Motor Lines v. Green, 184 Va. 984, 37 S.E.2d 4.

Defendant’s disabled vehicle was left partially on roadway without lights or flares at night. This was held to be gross negligence.

1943 Williams v. Greene, 181 Va. 707, 26 S.E.2d 89.

Plaintiff testified that when he first saw truck he could have easily stopped within 20 feet but he chose not to; contributory negligence as matter of law.