Blood testing is commonly used to prove DUI offenses. But are there circumstances when a driver’s consent to this testing is invalid due to injuries sustained in an accident? Read on for a case where a motorcyclist made that argument. Motorcycle Accident In Commonwealth v. Fowler, a motorcyclist and his wife were involved in an…
We have said it before in this blog, and we will say it again. Being injured is not enough to recover in personal injury litigation. Read on for a case where the parties who were sued did not have a legal duty to protect an accident victim from a dangerous tree. Large Tree Branch Falls…
Last October, we blogged about a case where police conducted a warrantless search of a vehicle during a traffic stop because they smelled marijuana ― even though a passenger presented a medical marijuana identification card. There, the Superior Court of Pennsylvania ruled that the smell of marijuana alone does not establish probable cause for a…
PennDOT recently reported some good news on the impact that Automated Work Zone Speed Enforcement (AWZSE) cameras are having on public safety. The AWZSE program went into effect throughout the Keystone State in March 2020 after months of a pilot program. Electronic speed-timing and non-radar devices are mounted on vehicles parked in active construction zones…
Non-lawyers often hear the term “entrapment” bantered about and have a general understanding that entrapment is a defense in a criminal case. Today, we examine the defense of entrapment, as addressed by the U.S. Court of Appeals for the Third Circuit in a case involving a sex crime. Sting Operation In United States v. Davis,…
Previously in this blog we have discussed whether circumstantial evidence is sufficient to convict a driver of DUI. (ICYMI: The answer is “yes.”) Read on for a new twist where a visibly drunk defendant ― who was not behind the wheel at the scene of an accident ― admits to police that he was driving….
We previously addressed in this blog whether a driver who caused a multi-vehicle crash ― but whose vehicle did not directly impact the plaintiff’s vehicle ― can be held legally liable for the plaintiff’s injuries. (ICYMI: The answer is “yes.”) Today, we discuss a case before the U.S. District Court for the Middle District of…
Back in the early days of the pandemic, we blogged about how law enforcement agencies across the U.S. saw a marked increase in motorists who were putting the pedal to the metal, as COVID-19 kept most people at home, and roadways were clear. Today, the data is in on how COVID-19 impacted safety on the…
A new report on “Teens and Speeding” has revealed some astounding data on just how risky it is when newly minted teenage drivers put the pedal to the metal. “Teens and Speeding: Breaking the Deadly Cycle,” found that for all teen driver and passenger fatalities from 2015 to 2019 across the nation, 43 percent involved…
A recent decision by the U.S. District Court for the Western District of Pennsylvania that dismissed a lawsuit arising out of a slip-and-fall accident makes clear that a plaintiff must be able to prove that a business defendant had notice of a dangerous condition on its premises in order to prevail in personal injury litigation…
Believe it or not: A police department in New Jersey actually found it necessary to post a tweet reminding drivers to stay awake while behind the wheel. The tweet, posted on Jan. 5, was prompted by a single-vehicle accident in which the driver fell asleep, crossed into the opposite lane of travel on a two-lane…
Last October, we discussed how circumstantial evidence can be sufficient to convict a driver for DUI ― general impairment, where the focus is on the ability of an individual to drive safely, and not on a particular blood-alcohol level. Read on for another case where the Pennsylvania Superior Court affirmed a driver’s DUI conviction based…