by KPMLAW | Jan 18, 2016 | KPMBlog, News, Uncategorized, Updates
Author: Helen Jhun, Esq. Editor: Janeen Koch, Esq. The issues of negligence and liability in two-vehicle rear-end motor vehicle accidents are generally straight forward. Under long established Virginia law, there is a rebuttable presumption of negligence against a driver who rear-ends a lawfully stopped vehicle. Edlow v. Arnold, 243 Va. 345, 415 S.E.2d 436 (1992), Garnot v. Johnson, 239 Va. 81, 387 S.E.2d 473 (1990). However, defending multiple vehicle rear-end accidents is unique. The issue of causation and assigning the negligence and liability to the different vehicles involved is often in dispute. Specifically, the defenses of third party negligence and contributory negligence are often asserted in rebutting the presumption of negligence against the rear-ending vehicle in “chain reaction” accidents. In the case of Maroulis v. Elliott, 207 Va. 503, 151 S.E.2d 339 (1966), the Supreme Court of Virginia discusses the issues of third party negligence and superseding causation as defenses in a multiple vehicle rear-end accident. In the Maroulis case, Defendant Maroulis was the fourth vehicle in a seven vehicle caravan. The lead car swerved left to avoid another vehicle, driving toward him in the wrong direction. The vehicle driving in the wrong direction collided head on with the second vehicle in the caravan. The third vehicle in the caravan swerved and braked, avoiding a collision with the second vehicle. Maroulis then collided with the third vehicle, and then plowed into the second vehicle. At trial, Maroulis asserted the defense of unforeseeable, intervening negligence, arguing that the negligence of the car driving in the wrong direction cut off his own negligence. The trial jury found against Maroulis. On appeal,...
