Many accidents are caused by the failure of drivers to properly comply with one or more or the following duties. If a driver breaches any of these duties they may be held accountable for resulting injuries and damages. Please note this is not an exhaustive list, but a summary of our experience regarding frequent causes of accidents. Drive safely. Drive defensively.

Driving Under the Influence of Intoxicants

Drivers have a duty not to drive a motor vehicle after consuming enough alcoholic beverage and/or drugs to be deemed under the influence of intoxicants. This may be apparent if the driver’s manner, disposition, speech, muscular movement, general appearance or behavior is compromised and/or if they are unable to pass state breath or blood test.

Speed

Drivers have a duty not to drive above the maximum speed limit. Drivers should not drive at a speed below the posted minimum speed except when necessary for safe operation, or in compliance with the law.

Unlawful Speed Forfeits of Right-of-Way

A driver traveling at an unlawful speed forfeits any right-of-way he or she might have had in the situation. In such event, each driver is required to use ordinary care for their own safety.

Steady Red Light

The driver of a motor vehicle facing a steady red traffic light has the duty to stop and remain stopped so long as the light is red and thereafter not to proceed until it is safe to do so.

Green Light

A driver facing a green light should move in the direction of the signal, except he or she has a duty to yield to other vehicles and pedestrians lawfully within the intersection, and a duty to exercise ordinary care.

Steady Amber Light

When faced with a steady amber light, a driver who has not already entered an intersection, including crosswalks, has a duty to use ordinary care to stop if it is not reasonably safe to continue.

Stop Sign: Yielding Right-of-Way

A driver facing a stop sign at an intersection has a duty to stop at a clearly marked stop line before entering the crosswalk on the nearside of the intersection; at the point nearest the intersecting road where he or she can view of approaching traffic on that road. Before proceeding, the driver also has a duty to yield the right-of-way to any approaching vehicle.

Duty of Driver Following Another Vehicle

The driver of a motor vehicle has a responsibility not to follow another motor vehicle more closely than is reasonable and prudent, having due regard to the speed of both vehicles and the traffic upon, and conditions of, the highway at the time.

Rear-End Collision

A driver has a duty to use ordinary care not to strike vehicles from the rear that are lawfully stopped or stopping in its lane of travel.

Right to Assume Other Driver's Ordinary Care

The driver of a vehicle has a right to assume that the driver of other vehicle will operate it in a lawful manner until he or she realizes, or should have realized, that the other driver is not going to do so.

Lookout

Drivers have a responsibility to keep a proper lookout and to use ordinary care to look in all directions for vehicles, persons, or conditions that would affect their driving, and to see and react as a reasonable person would do under the circumstances to avoid a collision.

Duty to Keep Windows Clear

A driver of a vehicle has a duty to use care to keep his or her windows clear in order to see.

Duty to Put Lights On

The driver of a vehicle has a duty to display lighted headlights and taillights from sunset to sunrise; whenever persons or vehicles on the highway are not clearly visible at a distance of 500 feet; or whenever windshield wipers are required.

Prolonged Driving

Drivers in Virginia cannot drive for more than thirteen hours in any period of twenty-four hours. Driver’s who fall asleep while driving are negligent.

Brake Requirements

The driver of a vehicle has a duty not to drive a vehicle which has inadequate or improperly adjusted brakes, or unsafe equipment.

Drive on the Right

Generally, drivers have a duty to drive on the right half of the highway.

Slow Moving Vehicle on Multiple-Lane Road

A driver of a vehicle proceeding at less than the normal speed of traffic, considering the time, place, and conditions, has a duty to drive in the lane nearest the right-hand edge of the highway when that lane is available for travel, except when overtaking and passing another vehicle or when preparing to make a left turn.

Duty to Drive on Half of the Road

The driver of a vehicle has a duty to give, as nearly as possible, one half of the main traveled portion of the highway to a driver proceeding in the opposite direction. When the road is unmarked or the dividing lines are so faint as to be unnoticeable, the dividing line is the center of the highway.

Duty to Heed Lane Markings

The driver of a vehicle has a duty to drive to the right of a double solid line or of a solid line or immediately to the right of a broken line except when making a left turn.

Three-Lane Roads

When a highway is divided into three lanes, the driver of a vehicle has a duty not to drive in the center lane except when overtaking and passing another vehicle, in preparation for a left turn; unless the center lane is then being used exclusively for traffic moving in his direction and is so marked.

Changing Lanes

The driver of a vehicle has a duty to drive as nearly as practicable within a single lane and not to move from that lane until he or she has used ordinary care to see that the movement can be made with safety.

Overtaking and Passing

Drivers overtaking and passing another vehicle proceeding in the same direction have a duty to use ordinary care not to drive to the left side of the roadway unless such left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be made in safety.

Duty to Signal

Before the driver of a vehicle turns or stops, he has a duty to give a signal to any vehicle that may be affected by his intended movement. In addition, if the driver of a vehicle will affect the operation of another's vehicle by turning, then they have a duty to give a visible turn signal continuously for a distance of at least 100.

Changing Course after Signaling

If the driver of a vehicle signals a change in his course, then he has a duty to follow the course indicated. If he or she alters the original signal, he has a duty to use ordinary care to see that other drivers or pedestrians have seen and are aware of the change.

Right Turns

The driver of a vehicle has a duty to make his right turn as close as practicable to the right curb or edge of the roadway.

Left Turns: Yielding Right-of-Way

The driver of a vehicle intending to turn left has a duty to yield the right-of-way to any vehicle approaching from the opposite direction that is so close as to constitute a hazard.

Left Turns: a Two-Way Road

The driver of a vehicle making a left turn has a duty to approach the intersection in that portion of the right half of the roadway nearest the center line; enter the intersection to the right of the center line of the road; make the turn, whenever practicable, in that portion of the intersection to the left of the center of the intersection; and leave the intersection to the right of the center line of the street he is entering.

Duty on Left Turn on Other Than Two-Way Roadways

The driver of a vehicle has a duty to approach a left turn in the extreme left-hand lane that is lawfully available to him. In making the turn, he or she has a duty to turn into and, as nearly as practicable, to leave the intersection in the extreme left-hand lane lawfully available.

Yield Sign at Intersection: Yielding Right-of-Way

When the driver of a vehicle approaches an intersection controlled by a yield right-of-way sign, he or she has a duty to slow down to a speed reasonable for the existing conditions and, if required for safety, to stop at a clearly marked stop line before entering the crosswalk on the near side of the intersection where he would have a view of approaching traffic on the intersecting road]. Before proceeding, the driver also has a duty to yield the right-of-way to the driver of any lawfully approaching vehicle.

Uncontrolled Intersection: Yielding Right-of-Way

When two vehicles approach or enter an intersection at approximately the same time, the driver of the vehicle on the left has a duty to yield the right-of-way to the driver of the vehicle on the right.

Right-of-Way: Traffic Circles

Vehicles already in a traffic circle have the right-of-way over vehicles entering the circle.

Driver's Duty Not to Stop on Highway

The driver of a vehicle has a duty not to stop his vehicle in such a manner as to impede or render dangerous the use of the highway by others who are using it unless there was an emergency, an accident; a mechanical breakdown.

Driver's Duty When Stopping on Highway Because of Accident

A driver whose vehicle is stopped on a roadway because he was involved in an emergency; an accident; mechanical breakdown must turn on the emergency flashing lights of his vehicle, if they can be operated, and remove his vehicle from the roadway to the shoulder as soon as possible.

Certain Disabled Vehicles: Duty to Set Out Flares

When a truck is disabled and stops upon any part of the traveled portion of the highway between sunset and sunrise, then the driver must, as promptly as may be reasonable under the circumstances, place three flares on the roadway. One flare shall be placed in the center of the lane occupied by the disabled truck and not less than 100 feet from the truck in the direction of traffic approaching in that lane. One flare shall be placed not less than 100 feet from the truck in the opposite direction. The third flare shall be placed on the traffic side of the truck not closer than ten feet from the front and rear.

Many accidents are caused by the failure of careless drivers to properly comply with one or more of the forgoing duties. Remember, if you or a loved one are injured in a motor vehicle, follow the suggestions in our accident guide, and call us immediately.