Passing another car, truck, motorcycle, or bicyclist is a common and often necessary practice, and although traffic rules allow for legal passing in some situations, improper passing can lead to serious accidents with potentially fatal consequences. Those that have suffered injuries in a Virginia car accident because of a negligent driver may be able to recover damages for their losses.
Virginia drivers who wish to pass another vehicle must ensure that they are doing so safely and within traffic rules’ confines. Under Virginia Rule § 46.2-838, drivers overtaking another vehicle while proceeding in the same direction must pass at least two feet to the left of the driver they are passing. Further, drivers should not move to the right side until it is safe to do so. Drivers who want to pass a stationary vehicle displaying safety signals, must proceed with caution and maintain a safe speed for the traffic and highway conditions. Additionally, there are special rules for drivers who want to pass trash or recycling trucks. In these cases, drivers traveling on a four-lane highway, must yield the right-of-way by changing lanes into a lane not adjacent to the truck. Moreover, if it is unsafe to pass on a roadway with less than four lanes, drivers must decrease their speed to under 10 miles per hour of the posted speed limit, and pass at least two feet left of the refuse truck.
Individuals who fail to abide by the relevant passing rules may face criminal and civil charges, depending on the accident’s unique circumstances. Civil plaintiffs who want to recover against the at-fault driver must establish that the driver was negligent. In some cases, a plaintiff may present evidence of a traffic citation for improper passing to establish negligence. However, citations do not automatically impute liability on the other driver, and plaintiffs must compile and present enough evidence to meet their burden.
Improper passing accidents can lead to severe injuries, and it is important that victims recover for their damages. A recent accident on the Richmond Turnpike, illustrates the dangers of improper passing. According to a recent news report, an SUV was headed north when it tried to pass traffic in a no-passing area. While trying to avoid traffic, the driver lost control, ran off the road, overturned onto the shoulder, and slammed into a tree. The driver and his passenger both died at the scene.
Have You Suffered Injuries in a Virginia Accident?
If you or someone you love has suffered injuries or died in a Virginia car accident, contact the attorneys at Robinson Law. The attorneys at our law firm provide clients with the representation they need to recover the compensation they deserve. We handle cases stemming from car, bicycle, bus, motorcycle accidents, premises liability, defective products, and wrongful death. Through our dedicated representation, our clients have recovered compensation related to their medical expenses, ongoing treatment, lost wages and benefits, pain and suffering, loss of companionship, and pain and suffering. Contact our law firm at 703-649-4500, to schedule a free initial consultation with an attorney at our office.