Legal Question in Civil Rights Law in Virginia

I drove into a black bar blocking a driveway at night

Hello,

I was recently driving to pick up my boyfriend at his Friend's house in a VERY nice neighborhood in Arlington, VA. I accidently drove past his house, and went to turn around in the neighbor's driveway. I pulled into the driveway and realized that I drove right into a black 'toll-booth-type' bar that was blocking the entire width of the driveway. The bar scraped my hood and fender, which according to an autobody estimate - amounts to about $1,400.00 in repairs. The bar did not have any reflectors on it, and there were no lights on. The black bar (about 2 feet from the road) was completely cammoflaged by the black night and the black driveway. Do I have a case?

Thank you for your anticipated response!


Asked on 3/06/03, 1:19 pm

2 Answers from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: I drove into a black bar blocking a driveway at night

This is probably better answered by an Virginia attorney, but you should probably contact the landowner and ask them for the name of their insurer. Keep in mind, however, that they may also have a claim against you if you damaged their bar.

While they probably should have had a reflector on the bar, you are charged with operating your vehicle safely and maintaining a careful lookout, and thus your own negligence will be asserted against you as a defense.

Your best bet is to contact their insurer and see if you can reach an agreement to have them pay for the damages. If not, and the amount of damages are not over the limit for small claims court in Virginia, you might try that route.

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Answered on 3/06/03, 2:43 pm
Daniel Press Chung & Press, P.C.

Re: I drove into a black bar blocking a driveway at night

Apart from a contributory negligence defense (which completely bars claims in VA, as opposed to most other states), you were in fact trespassing on the neighbor's driveway. Since you had no right to be there, you have no claim.

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Answered on 3/06/03, 3:29 pm


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