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 Trucks. 

Trucks-Statutes

See Va. Code § 46.2-100 for definition.

Trucks-Cases

1999 Alfonso v. Robinson, 257 Va. 540, 514 S.E.2d 615.

Truck operated by Alfonso stalled. Driver was able to steer truck into right hand lane. Truck thereafter was rear-ended by plaintiff. Issue was whether truck driver was guilty of wanton and willful negligence. Willful and wanton negligence, unlike gross or ordinary negligence, requires actual or constructive consciousness that injury will result from act done or omitted. In this case, Alfonso was a professional driver who had received specialized safety training warning against omissions he made prior to accident. He had been instructed that deployment of safety flares and reflective triangles was first act that should be taken after securing disabled truck. He knew that the purpose of such safety devices was to warn motorists. Despite this training and knowledge, Alfonso consciously chose to leave disabled truck in travel lane, on interstate highway, without placing any warning devices, with knowledge that this would likely cause injury to others. Disabled truck was entirely in traveled portion of highway, at night time, in a very dark area, where speed limit was 55 miles per hour. Jury issue presented as to willful and wanton negligence.

1995 Stump v. Doe, 250 Va. 57, 458 S.E.2d 279.

Unknown tractor-trailer passed plaintiff’s vehicle at excessive speed and in close proximity to vehicle causing significant wind disturbance and resulting in loss of control of plaintiff’s vehicle. Vehicle was affected while truck was passing it. Jury issue created as to negligence of unknown truck driver.

1982 Farren v. Gilbert, 224 Va. 407, 297 S.E.2d 668.

Prima facie case of primary negligence not shown where decedent was either struck or fell under delivery truck that was being backed into parking lot. Question of whether driver had duty to post helper as lookout not decided.

1976 Bankers & Shippers Co. v. Watson, 216 Va. 807, 224 S.E.2d 312.

Leased tractor-trailer involved in accident. Insurance coverage, I.C.C. and S.C.C. regulations discussed.

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

Plaintiff was driving auto and pulling camper. She was passed by tractor-trailer and plaintiff thereafter lost control of vehicle. Plaintiff presented expert testimony as to effect of air displacement on plaintiff’s vehicle when tractor-trailer passed plaintiff; however, no testimony that this passing truck disturbed her. No evidence as to how or why accident happened.

1973 District of Columbia v. Coleman, 214 Va. 12, 196 S.E.2d 926.

Plaintiff truck driver allowed body of dump truck to remain raised and it collided with overhead structure that plaintiff knew was in place. Contributory negligence as matter of law.

1955 Brown v. Damron, 197 Va. 309, 89 S.E.2d 54.

Defendant admitted trailer he was hauling contained cattle improperly secured which caused vehicle to jackknife. Plaintiff had made improper U-turn in front of defendant. Contributory negligence as matter of law.

1955 Gleason & Co. v. International Harvester, 197 Va. 255, 88 S.E.2d 904.

Plaintiff’s trailer came loose because coupling device known as fifth wheel installed by Gleason was defective. Gleason omitted reasonable inspection that would have disclosed defect. Implied warranty by seller that device would be suitable for purpose intended.

1951 Richardson v. Commonwealth, 192 Va. 55, 63 S.E.2d 731.

Driver of tractor-trailer must exercise greater precaution when passing another vehicle because of difficulty of calculating effect upon trailer. Tractor-trailers create extra danger to other users of highway.

For more information on trucks see the pages on Wikipedia.