This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Hit and Run and the related topic of vehicle accidents. For more information on hit and run cases see the pages on Wikipedia. Hit and run cases are especially challenging because there may be no defendant to sue since the driver may never be identified.
Hit and Run-Statutes
See Va. Code § 46.2-894 as to leaving the scene of an accident.
Hit and Run-Cases
2003 Brugh v. Jones, 265 Va. 136, 574 S.E.2d 282.
In this auto accident case, trial court improperly refused to admit evidence that defendant abruptly left the scene of the accident. In this case, defendant admitted liability. Defendant offered evidence that his automobile was not damaged and had not been repaired and as such, he placed into issue the reliability of the evidence offered and his own credibility on the matter. Plaintiff sought to admit evidence of defendant leaving the scene on theory that precluded immediate examination of the vehicle by plaintiff. Evidence was presented that the defendant did work in a body shop. As such, evidence of defendant leaving the scene was relevant for purposes of impeachment and further was relevant on rebuttal because condition of defendant’s vehicle had been placed into issued by photographic evidence and by his testimony. In a civil case involving introduction of evidence of conduct that may have been unlawful, trial court has responsibility of weighing the probative value of the evidence on this issue against its possible prejudicial effect. In this case, the evidence should have been admitted.
1947 Vaughn & Spears v. Huff, 186 Va. 144, 41 S.E.2d 482.
Defendant accused of hit and run. Evidence sufficient to present jury issue as to defendant being driver of automobile that struck plaintiff, but evidence insufficient to convict defendant of negligence.