VA · jury_instructions
Va. Model Jury Instr. Civ. No. 18.030
Passenger’s Duty to Look and Listen
Ordinarily the passenger in a vehicle has no duty to direct and control the driver unless it is
obvious that the driver is taking no precautions for their safety. If there is no apparent danger in
the manner in which the driver is operating the car the passenger is not required to interfere.
However, a passenger who sees a railroad crossing ahead, or who is familiar with the crossing and
is aware that it is about to be reached, has a duty to use ordinary care to look and listen
effectively for an approaching train and to warn the driver of danger if:
(1) a reasonably observant person would have seen the train;
(2) it is apparent to the passenger that the driver has not seen the danger; and
(3) the passenger then has enough time to warn the driver of the danger.
If a passenger fails to perform this duty, then he is negligent.
History
Virginia Model Jury Instructions – Civil, Release 26, April 2026. The unannotated set, posted by the Supreme Court of Virginia at vacourts.gov; the book states that it is made available with the permission of the publisher, Matthew Bender & Company, Inc.
Provenance
- Source
- vacourts.gov
- Retrieved
- 2026-10-11
- Edition
- civ-2026-04-01
- Content hash
c08fd9455ff2c60fcd6908c92d1fb437191cafad37002043218ee6d11f3298a2
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