Jury Instructions for West Virginia Car Accidents – Part II
On behalf of Charleston, WV personal injury lawyer – West Law Offices — This is part two of the model car accident jury instructions the West Virginia Supreme Court of Appeals suggested for auto accident trials in 2000. Click Part I of the WV auto accident jury instructions for the rest of the instructions.
“OVERTAKING AND PASSING A SCHOOL BUS” INSTRUCTION
The court instructs the jury that the driver of a vehicle upon meeting or overtaking from either direction any school bus which has stopped for the purpose of receiving or discharging any school children must stop the vehicle before reaching such school bus when there is in operation on said school bus flashing warning signal lights, and said driver shall not proceed until such school bus resumes motion, or is signaled by the school bus driver to proceed or the visual signals are no longer actuated.
W. Va. Code § 17C-12-7
“SCHOOL ZONE” INSTRUCTION
The court instructs the jury that no person may drive a vehicle on a highway at a speed greater than fifteen miles per hour in a school zone during school recess or while children are going to or leaving school during opening or closing hours.
W.Va. Code § 17C-6-1(b)(1)
“TRAFFIC CONTROL DEVICE” INSTRUCTION
The court instructs the jury that the driver of any vehicle must obey the instructions of any official traffic-control device.
W Va. Code § 17C-3-4
“DUTY OF DRIVER FACING GREEN LIGHT” INSTRUCTION
The court instructs the jury that a driver facing a green traffic signal must yield the right- of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.
W. Va. Code § 17C-3-5(a)(1)
“DUTY OF DRIVER FACING AMBER LIGHT” INSTRUCTION
The court instructs the jury that a driver facing an amber or yellow signal must not enter or be crossing the intersection when the red or “stop” signal is exhibited.
W. Va. Code § 17C-3-5(b)(1)
“DUTY OF DRIVER FACING RED LIGHT” INSTRUCTION
The court instructs the jury that a driver facing a red or “stop” signal must stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until green or “go” is shown alone on the traffic signal device.
W. Va. Code § 17C-3-5(c)(1)
“DUTY OF DRIVER TURNING RIGHT ON RED” INSTRUCTION
The court instructs the jury that a vehicle which is stopped in obedience to a red or “stop” signal as close as practicable at the entrance to the crosswalk on the near side of the intersection or, if none, then at the entrance to the intersection, may cautiously make a right turn but such vehicle shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other vehicular traffic proceeding as directed by the signal at said intersection.
W. Vs. Code § 17C-3-5(c)(2)
“DUTY OF DRIVER OF EMERGENCY VEHICLE” INSTRUCTION
The court instructs the jury that a driver of an authorized emergency vehicle has the duty to drive with due regard for the safety of all persons.
W Va. Code § 17C-2-5(d)
“DUTY OF DRIVER BEING APPROACHED BY
EMERGENCY VEHICLE” INSTRUCTION
The court instructs the jury that upon the immediate approach of an authorized emergency vehicle equipped with at least one flashing lighted lamp and when the driver is giving audible signal by siren, exhaust whistle, or bell, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
W Va. Code § 1 7C-9-5
OPERATION OF “MOTORCYCLE” INSTRUCTION
The court instructs the jury that a motorcycle is a motor vehicle within the meaning of the West Virginia Law and, therefore, the driver of a motorcycle is entitled to the same rights and privileges with respect to the law and the rules of the road as the driver of an automobile.
W Vs. Code § 17C-1-3
“CONTROL” INSTRUCTION
The court instructs the jury that the laws of the State of West Virginia require that a motor vehicle be driven on the right half of the roadway.
W.Va. Code, 17C-7-1 & 17C-7-6, as amended.
“TURNING” INSTRUCTION
The court instructs the jury that under West Virginia law, no person shall turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety.
W.Va. Code § 17C-8-8
“RIGHT OF WAY” INSTRUCTION
The court instructs the jury that operators of vehicles must yield the right- of way to opposing traffic before making a left-hand turn across the opposing lane of traffic.
VVVa. Code§ 17C-9-2
“RIGHT OF WAY’ INSTRUCTION
The court instructs the jury that under the law of West Virginia a driver approaching a through highway from an access or secondary road is required to stop in obedience to a stop sign before entering or crossing the through highway, and that such driver is required to yield the right-of-way to other vehicles who have entered the intersection from said through highway or which are approaching so closely on the through highway as to constitute an immediate hazard.
W.Va. Code § 17C-12-5
W. Va. Code § I 7C-9-3
REQUIRED POSITION FOR TURNING
The court instructs the jury that the approach for a right turn and a right turn shall made as close as practicable to the right hand curb or edge of the roadway.
At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of the center line where it enters the intersection. After entering the intersection, the left turn shall be made so as to leave the intersection to the right of the centerline of the roadway being entered.
At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left hand lane lawfully available to traffic moving in the direction of travel thereof After entering the intersection, the left turn shall be made so as to leave the intersection as nearly as practicable in the left- hand lane lawfully available to traffic moving in such direction upon the roadway being entered.
W. Va. Code § 17c-8-2, I 7c-8-3 and I 7c-8-4.
TURNING MOVEMENTS AND REQUIRED SIGNALS
No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal in the event any other traffic may be affected by such movement.
Any signal of intention to turn right or left, when required, shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning.
Click Part I of the WV auto accident jury instructions for the rest of the instructions.
Brooks West is a West Virginia personal injury lawyer who helps people who have been injured by negligence or wrongful conduct. He is the President and founder of West Law Firm and has been an attorney since 2005. Brooks is a Multi-Million Dollar Advocates Forum member and has been awarded the AV Preeminent Rating from Martindale-Hubbell.
Lance Bork 
