According to Virginia statutory and case law, a driver traveling at an unlawful speed forfeits any right-of-way he or she might have otherwise had.
In such situations, the speeding driver does not transfer his or her right-of-way to the other driver. Instead, each driver must use ordinary care for his or her safety. The Virginia Code establishes the right-of-way for drivers approaching different kinds of intersections.
For instance, vehicles already in the circle at circular intersections have the right-of-way over cars approaching and entering the circle unless otherwise directed by traffic control devices.
When a driver operating his or her vehicle in a circular intersection exceeds the posted speed limit, that driver no longer has the right-of-way. Suppose an accident occurs involving that speeding vehicle and another vehicle.
In that case, the court will consider the speeding vehicle’s right-of-way forfeited and look at both drivers’ conduct when determining who was responsible for the accident. Under such circumstances, the court will consider various factors in determining fault, such as the speed of the vehicles, the drivers’ lookout, traffic conditions, road conditions, etc.
If a person driving a speeding vehicle is injured in a car accident, the injured person could be barred from recovery, even if the injured person had the right-of-way.
The speeding driver may be considered negligent for exceeding the posted speed limit. The judge hearing such a case would instruct the jury that the injured person’s unlawful speed forfeited his or her right-of-way.
If the jury concluded that the injured person’s unlawful speed was a proximate cause of the accident, the injured person would be barred from recovery under the contributory negligence doctrine. Read more about contributory negligence in Virginia.
Questions of right-of-way and contributory negligence are specific to the facts of each personal injury case.
We encourage you to consult one of our personal injury lawyers in Virginia Beach about them. We can assess whether the injured person had the right-of-way, whether that right-of-way was forfeited, and whether there is a legitimate basis for a defendant in the potential personal injury lawsuit to make a contributory negligence defense.
In cases where a contributory negligence defense may be applicable, our personal injury lawyers can assess whether there are any exceptions to the contributory negligence doctrine that may apply, such as the last clear chance doctrine, proximate causation, etc.
As in all personal injury cases, our lawyers can also advise the injured person as to the value of the injury claim, guide the injured person through the process of making a claim with the applicable insurance company or companies, and represent the injured person in the litigation of the personal injury claim, if a personal injury lawsuit becomes necessary.
Schedule a Consultation With Preston, Wilson & Crandley, PLC
At Preston, Wilson & Crandley, PLC, we are here to help navigate the complexities of post-accident procedures and legal matters. Our experienced team ensures you receive the support and compensation you deserve.
Our attorneys handle injury claims ranging from bicycle accidents, pedestrian accidents, motorcycle accidents, truck accidents, and car accidents to drunk driving accidents and wrongful death claims.
Give us a call and let our experience work for you. We have been helping the people of Virginia since 1955 and are ready to help you. Schedule a consultation to discuss your case.
If you need a Personal Injury Attorney in Virginia Beach, contact us at (757) 486-2700.
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