Posts Tagged ‘pennsylvania auto accident case’

June and Ward were on their way up Route 191 towards Hancock to visit June’s mother. About a mile before Equinunk, Ward noticed a car coming in the opposite direction at a high rate of speed traveling in the middle of the road.

June became extremely agitated and started to yell at Ward to pull off the road. Ward was able to move his vehicle off on the side of the road as much as possible but part of his vehicle remained on the macadam. As the vehicle approached, Ward realized that, in all likelihood, there was going to be an impact with the vehicle and extended his right arm sideways to try to protect his wife. Sure enough, the oncoming vehicle sideswiped Ward’s vehicle shaking it violently. Fortunately, neither Ward or June were seriously injured but the impact was significant enough that both of them sprained their necks and low backs.

The state police were quick to respond as the other vehicle did pull over eventually. The driver of the other vehicle was rendered a breathalyzer test by the state trooper, and it became readily apparent that the other driver was visibly intoxicated. The state trooper would cite the other driver on the investigative report. As it turned out, the other driver had a 2.4 alcohol blood level or three times the legal limit.

Neither Ward nor June had serious injuries, and Ward’s coverage on his vehicle was for limited tort which means he could not sue the other driver unless he sustained a serious and permanent injury.

Question: Will Ward and June have any recourse against the drunk driver?

Answer: Yes, despite the fact that Ward has limited tort, because the accident did involve a driver who was found to be driving under the influence, both Ward and June will be able to bring suits against the drunk driver’s insurance company. This is one of the exceptions and was meant to be another factor in trying to convince people not to drive while intoxicated.

Easy Eddie was taking a leisurely drive heading east on Route 6 through Hawley. The town was busy, and there were few parking spaces.

Precocious Paul, who was five years old, had just come out of the bakery with his mom and broke away from her grasp running right between two cars directly into the path of Easy Eddie.

Easy Eddie, upon seeing Paul run between the two cars, immediately steered to the left and braked as hard as he could. Fortunately, Eddie was able to avoid Precocious Paul but, unfortunately, Bad Luck Lucy, driving in a westerly direction, could not avoid Easy Eddie who had gone into her lane.

Even though both cars were going slow, there was a violent crash and both Easy Eddie and Bad Luck Lucy sustained injuries.

Bad Luck Lucy decided she was going to bring a lawsuit against Easy Eddie and Precocious Paul’s mother for not controlling Paul from running into the road.

Question: Does Bad Luck Lucy have a case?

Answer: As against Easy Eddie, Bad Luck Lucy, in all probability will have no claim. There is a doctrine in Pennsylvania called the Sudden Emergency Doctrine. This doctrine stands for the principle that if a driver is presented with a sudden emergency which was not caused in any way by that driver, then the driver is not held to as high a reasonableness of care as he would ordinarily and at times a driver is even excused from following the normal traffic laws. In this case Eddie had a young child run directly in front of his car between two parked vehicles. His options were either to hit the child or attempt to avoid the child by going into the opposing lane of traffic. In actuality, Eddie probably made the most reasonable decision under the circumstances and cannot be found liable to Bad Luck Lucy.

Lucy’s case against Precocious Paul’s mother will also be difficult. While ultimately it may be up to a jury to decide if Paul’s mother was negligent, in all likelihood, very few jurors will consider Paul’s mother’s conduct to be so. Paul’s sudden and unexpected ESCAPE FROM HIS MOTHER would be something for which his mother could not be faulted.

There are accidents that do happen in which no one is legally at fault, and a knowledgeable lawyer would be able to explain this to the victims of the same and avoid an unnecessary lawsuit.