Speeding Virginia Contributory Negligence Collision Lawyers Greene County
Jerome v. Shaun
Plaintiff driver brought suit after he was involved in an automobile accident with defendant driver. The collision occurred at an intersection where defendant was attempting to make a left turn. The jury returned a verdict in favor of defendant. Plaintiff renewed his motion to strike defendant’s evidence. Plaintiff also moved to set aside the verdict as contrary to law and evidence. The matter was taken under advisement.
- Whether the plaintiff was contributory negligent in causing the accident by exceeding the speed limit?
At trial, defendant asserted plaintiff was contributory negligent in causing the accident by exceeding the speed limit. A witness for defendant testified that plaintiff appeared to be speeding at the time of the accident. Defendant also testified that she did not see plaintiff until he was entering the intersection. The court concluded that the jury had in some way misconceived or misinterpreted the facts or the law which should have guided them to a just conclusion. The court noted that Va. Code Ann. § 46.2-825 provided that drivers making left turns had to yield the right of way, and Va. Code Ann. § 46.2-848 implicitly charged a driver making a turn with the duty to see an oncoming vehicle which was in plain view. The court concluded that, if defendant had been exercising due care, she was certain to have seen defendant. The court add that defendant’s testimony that she did not see plaintiff until he was entering the intersection, which was on level ground with sufficient distant sight, was self defeating as to the contributory negligence allegation of speeding.
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Article written by A Sris
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