The Dangers of Drivers Passing on the Right in Virginia

Most people have heard that passing on the right is not a safe maneuver to undertake when you’re behind the wheel. In some states, it can actually be illegal unless the other vehicle is about to turn left, and law enforcement can give you hefty fines if they catch you at it. You can even be charged with aggressive driving.

If you’ve been in a car accident involving passing on the right, it’s important to contact a car accident lawyer. Because Virginia is an at-fault state, you don’t want to get blamed for the accident and not be able to receive compensation. At Commonwealth Law Group, we can provide the guidance you need to understand your rights.

Is it Legal to Pass on the Right in Virginia?

Yes, it is legal to pass on the right in Virginia, though it’s not always a good option. Passing on the left is the standard maneuver and the action you should take, if possible.

Virginia allows passing on the right on highways, but keep in mind that these actions are tightly regulated. If you pass on the right incorrectly and the maneuver results in a highway accident, you could face fines and be unable to recover losses.

Scenarios Where Passing on the Right Occurs

There are three scenarios in which you can pass a vehicle on the right. The first is when the other driver is about to make a left turn and has signaled their intention to do so. When a driver is about to turn left, they may have to wait for another vehicle to pass so the car behind them can pass them on the right to avoid having to wait.

If you’re on a highway that consists of at least two lanes in each direction, you can also pass on the right. Keep in mind that the highway has to be completely unobstructed. That means there can’t be construction work, parked cars, or emergency vehicles nearby.

The last scenario that allows you to pass on the right is if you’re traveling on a one-way street. As in the highway scenario, there must be at least two lanes, and the road must be unobstructed.

It is illegal to pass on the right when crossing the center lane, as well as passing more than one vehicle. You can’t pass on the shoulder, either.

Dangers of Passing on the Right on Highways and Local Roads

Despite the maneuver being technically legal, it can be a dangerous one. For one thing, other drivers will expect you to pass on the left, not the right, so you can end up startling them. That alone could cause an accident.

The majority of highway entrances and exits are located on the right, which means there can be lots of speed changes in that lane. The opposite is true on the left lane, so there’s less chance of being cut off or needing to hit your brakes when you pass using that lane. 

You can easily fall into the other vehicle’s blind spot, which tends to be larger on the right side than on the left. The other car may not know you’re there, potentially leading to severe accidents.

Steps to Take if You’re in an Accident From Passing on the Right

Whether you were the person passing on the right or you suffered injuries because someone else did, you need to report the accident. To be able to file a claim, you need a police report, and Virginia law requires you to alert the police if the accident resulted in injuries or property damage.

You also need to call emergency medical services if anyone involved is injured. Even if you think your injuries aren’t serious, allow paramedics to examine you. Often, the adrenaline and shock of the accident can mask pain.

Exchange information with the other party and start gathering evidence of the accident. Take lots of pictures of your injuries, the damage to the vehicles, road markings, and anything else that can prove how the accident occurred.

You then need to let your insurer know you were in an accident. Don’t mention fault, and keep the conversation short. Your very next call should be to a car accident attorney.

FAQ

What Options Do You Have After a Car Accident?

If you suffered losses in a car accident, you may be able to file for compensation. Virginia is an at-fault state, so the person who caused the accident is the one who has to pay damages.

Something crucial to remember is that Virginia follows pure contributory negligence doctrines. These state that you can’t claim damages if you were even 1% to blame for the accident.

To prove the other party was at fault, you usually have to prove negligence. That means establishing that they owed you a duty of care that they breached, resulting in losses for which you can be compensated. Because of the difficulties involved in the process, you need to rely on a car accident lawyer. 

How Can a Car Accident Lawyer Help After a Collision?

With a car accident attorney by your side, you don’t have to worry about the negotiation process. Our team has decades of experience dealing with insurers, and we know just what tactics they may use to keep from paying you the compensation you deserve.

If necessary, we can also take your claim to court. You never want to do that without representation.

What Compensation Can You Claim?

You can claim economic and non-economic damages. Economic damages compensate you for medical expenses, lost wages, and loss of earning potential, while non-economic damages compensate you for emotional suffering.

Schedule a Free Consultation With Commonwealth Law Group

At Commonwealth Law Group, we can help you if you’ve been in a car accident as a result of a driver passing on the right. Contact our team for a free consultation.