Recently, a state appellate court handed down an opinion in a personal injury case discussing an issue that will be of interest to many Virginia car accident victims. The case required the court to discuss one defendant’s potential liability in a multi-vehicle accident that began with an instance of road rage. Ultimately, the court concluded that the defendant was not liable based on his reaction to another driver’s road-rage induced erratic driving.
The plaintiff was on a highway on-ramp about to get onto the highway when a driver quickly came up from behind her, passed her, and made an obscene gesture as he did so. The plaintiff changed lanes to get behind the car that had just passed her, and as she did that car slammed on its brakes. To avoid what would have been a certain collision, the plaintiff also slammed on her brakes. The driver behind her did the same.
The defendant was two cars behind the plaintiff. As the vehicle behind the plaintiff applied the brakes, the defendant braked as well. However, because his truck was fully loaded with cargo, he was unable to stop in time and ran into the back of car in front of him. That vehicle was pushed into the plaintiff’s car, injuring the plaintiff.