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Interesting Legal Cases

Ambulance Driver In Accident Case Is Negligent – 2/2/2012

I handled a case recently where a young lady who was seriously injured while driving her motor vehicle in Chester County.  She was struck by an emergency vehicle which ran a stop sign.  The vehicle was speeding and did not have its lights or siren on.  The court decided that the defendant was “negligent per se.”  This means that the driver of the emergency vehicle was automatically responsible for causing the crash and no further evidence was needed to prove that he was negligent.  Therefore, the only issue that the court had to decide was the amount of money to be awarded for injuries.  The court held that the EMS driver had no special privilege since he did not have his lights  or siren activated.

Would this answer be different if the EMS driver had its lights and siren on? 

Not necessarily (lawyer speak).  It depends on the facts of the case.  Did the EMS driver see the other vehicle in time to avoid the collision?  Was he speeding?  Did he attempt to slow down at the intersection?  Just a few questions one must consider.   Peter J. Hart

Wrong Place At Teh Wrong Time – 1/19/2012

 With all the interesting automobile accident cases in Chester County I’ve handled over the years, one stands out.  I remember it not only for its tragic story but also for the uniqueness of the accident itself.             The accident took place as my client’s husband was driving home from work in Philadelphia.  He was traveling south bound on Route 202 near Paoli.  This was at a time when 202 was two lanes in each direction, separated by a 20 yard grass median.  The grass divider sloped into a V-shape (for better drainage).  A woman, who was intoxicated, was driving in the opposite direction on Route 202 when she lost control of her car.  She veered into the grass median strip and was propelled up in the air.  Her car landed directly on the front hood of my client’s husband’s car.  He was killed instantly and left behind his wife (my client) and two young children.

No matter how safely we drive – we can always end up in the wrong place at the wrong time.    Steve Karp

Pennsylvania Senate Bill – Breathalyzers Installed In Motor Vehicles – 1/12/2012

There appeared a most interesting article in Chester County’s Daily Local News newspaper on January 11, 2012.  It reported on a Senate Bill requiring first time drunk driving offenders to be required to use ignition interlock devices which are breath testing devices attached to automobiles. 

The device would require an individual to breath into a tube before the ignition could start.  If the test result showed a blood alcohol level that was close to the restricted limit (of .08) then the car would not start.  The driver would then be required to wait until he or she became sober before being able to start the vehicle. 

This concept is great in theory but unfortunately can be abused.  A sober friend could blow into a machine thereby enabling his intoxicated friend to drive away and placing both him and the public in danger. 

This Senate Bill is scheduled to come before the full Senate for a vote in a few months.  Criminal penalties should be added to the Bill for any person who aids an intoxicated driver by blowing into the tube for him.  This liability should also include that person’s exposure to civil liability for any personal injuries that may be caused by the drunk driver that he helped put him on the road.  Current civil litigation law in Pennsylvania does not provide for such a remedy.

Think about, even though the sober friend aided and abetted the drunk driver in committing a crime, as the law stands right now, the sober friend could not be held responsible in a civil lawsuit no matter how catastrophic the injuries to an innocent victim in a car crash may be.  Let your State representative know about this.   Peter Hart

Motorcycle Accidents – Helmet Safety – 12/29/2011

 

 It used to be a law on the roadways of Pennsylvania that a motorcycle operator had to wear a helmet.  It is no longer the law.  It reminds me of a case I had years ago in Parkesburg.  My client was a 21 year old woman who was riding on the back of her boyfriend’s motorcycle.  The boyfriend was wearing a helmet, however, my client was not.  The boyfriend lost control of his motorcycle and crashed, causing both him and my client to be thrown from the motorcycle onto the pavement.  

My client, who was not wearing a helmet, survived the crash and sustained a fractured shoulder and other assorted cuts and abrasions.  The boyfriend, who was wearing a helmet, died from the crash.  Does this mean that it doesn’t matter whether or not you wear a helmet?  Of course not, but it does mean that death can occur on a motorcycle even if you are wearing the proper gear.         Motorcycles are dangerous.  Approximately 5,000 motorcyclists are killed each year on the roads.  Head injury is the leading cause of death in motorcycle accidents.  A motorcyclist who does not wear a helmet is 40% more likely to die of a head injury than one who wears a helmet.           When you’re driving a motorcycle – be careful – wear a helmet – drive safely.   Steve Karp