Legal Question in Traffic Law in Virginia

Duty of driver to stop,ect., in the event of accident...

A pickup truck was pulling out of his driveway in a curve.A car coming up the road had to swerve to miss this pickup and ran off the road hitting a tree, doing serious damage to his face and head. The driver of the pickup left and sent help back. But was later giving a citation for failure to yield right of way. Who's insurance is liable for the injured driver? And was the pickup driver in violation of Code Of VA 46.2-894 (Duty of driver to stop,etc., in the event of accident involving injury)since his pickup was not directly involved in accident, but in my opinion caused it?


Asked on 10/26/02, 1:11 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Duty of driver to stop,ect., in the event of accident...

The other driver's insurance company is not likely to pay or settle unless their insured is sued.(The one who you think caused the accident.)

The injured driver could institute suit directly

against the other driver and the latter would then

give notice to his insurer of the suit who would

then summon their lawyers to defend him.

Alternatively, the injured driver could submit

his claim to his own insurance company who then would have the option of suing the miscreant driver to recover part or all of what they paid

out to the injured driver.

It would appear that the reporting requirements that you have referenced would not apply here since there was no actual collision between the vehicles.

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Answered on 10/26/02, 11:21 am


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