Re: a right of way question
Date: May 28, 2009 09:09PM
observer Wrote:
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> Technically, the speeding vehicle would forfeit
> the right of way. However, since the police
> officer typically wouldn't witness the crash,
> there has to be some way of proving the speed was
> unlawful. Also, despite what the law says, some
> courts tend to believe that a reasonable and
> prudent person does not pull out in front of a
> speeding freight train, either. Your best bet
> here, as always, is to wait until the roadway is
> clear.
>
>
> § 46.2-823. Unlawful speed forfeits right-of-way.
>
>
> The driver of any vehicle traveling at an unlawful
> speed shall forfeit any right-of-way which he
> might otherwise have under this article.
>
> (Code 1950, § 46-238; 1952, c. 666; 1956, c. 533;
> 1958, c. 541, § 46.1-221; 1985, c. 218; 1989, c.
> 727.)
Damn I was just typing that up too! But yes, this is correct.
Also, on a personal note regarding this..it is REALLY irritating when someone just pulls out in front of you and takes forever to speed up causing you to have to slow down. Not to mention it is also pretty inconsiderate, yet fairly common around here.