VA · jury_instructions
Va. Model Jury Instr. Civ. No. 18.090
Finding Instruction: Comparative Negligence; Railroad’s Duty to Sound Warnings at Crossings
If you find by the greater weight of the evidence that:
(1) the railroad failed to sound a [whistle; horn; bell] while approaching a crossing; and
(2) the driver failed to exercise ordinary care in approaching the crossing; and
(3) the railroad’s negligence in failing to sound a [whistle; horn; bell] while approaching the
crossing and the driver’s failure to exercise ordinary care in approaching the crossing combined to
cause the driver’s injuries;
then the driver may recover, but you are required to reduce his damages by the proportion that
the driver’s failure to exercise ordinary care proximately contributed to the accident.
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
b1e20bfbf127ec61e28f402bdd53dd1ae624eedfcdd0587f57c03e9713175bc6
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