The U.S. District Court for the Middle District of Pennsylvania recently addressed the issue of 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. Tractor-Trailer Crash In Sutcliffe v. Bernese, the driver of a tractor-trailer…
The Pennsylvania Supreme Court on Sept. 30 agreed to hear arguments on the issue of whether a driver who strikes a pedestrian at night can be relieved of his legal duty of care under Pennsylvania’s “sudden emergency” doctrine. Dark Crosswalk In Graham v. Check, a pedestrian, wearing dark clothing, entered the crosswalk of an East…
The old adage of “timing is everything” is applicable to blood draws in DUI cases, as set forth by a recent decision by the Superior Court of Pennsylvania. Marooned by Flood Waters In Commonwealth v. Koger, two Pennsylvania State Police troopers were dispatched to an intersection at 2:09 a.m. where they found a Cadillac DeVille…
With autumn’s beautiful foliage and cool weather finally upon us, now is the perfect time to enjoy Pennsylvania’s big cities, small towns, and picturesque countryside via bicycle. But are bicyclists safe when they share the roadway with cars and other motor vehicles? Bicycle Crash Statistics The National Highway Traffic Safety Administration estimates that 783 bicyclists…
As we write this post, a video is going viral of a driver on a Massachusetts highway apparently sleeping behind the wheel of his Tesla while the vehicle, presumably in autopilot mode, is whizzing along with traffic at about 60 mph. A front seat passenger is also asleep. The motorist who shot the video reportedly…
Must you be found in the driver’s seat by police to be arrested, and later convicted of DUI? The Superior Court of Pennsylvania recently said “no.” Mere Presence In Commonwealth v. Petros, a Hyundai Santa Fe was observed parked perpendicular to the road. The headlights were on, the vehicle was running, the keys were in…
If you are a regular reader of this blog, you know that DUI cases can rise and fall based upon police conduct alone, without getting into any issues of driver impairment. So, what happens when police pull over a driver for veering out of his/her lane of travel? Is there probable cause for such a…
What can possibly go wrong if you decide to post to social media while on probation? Here’s the story of how a defendant’s self-described “stupid” post launched a legal showdown that landed in the Pennsylvania Supreme Court. ‘Gangsta’ Posts In Commonwealth v. Foster, Darnell Foster was arrested in May 2015 and charged with possession with…
Some 40 percent of U.S. workers report that their job is “very or extremely stressful,” according to a report by the National Institute for Occupational Safety and Health. Against this backdrop, we ask: What if you think excessive job stress literally killed your spouse? Can you, as a surviving spouse, collect workers’ compensation death benefits?…
When is a traveling employee traveling for pleasure, as opposed to business? That was the central issue in a recent workers’ compensation case before the Commonwealth Court of Pennsylvania. Celebration with Co-Workers In Peters v. Workers’ Compensation Appeal Board (Cintas Corporation), a salesman’s job duties entailed spending time in the field to meet with potential…
Last week, we blogged about Pennsylvania’s implied consent statute, pursuant to which anyone driving in the Commonwealth is deemed to consent to chemical testing of their blood to determine its alcoholic content. Regardless of the statute, drivers have the right to refuse testing. However, doing so results in mandatory driver’s license suspension, renders the fact…
A recent decision by the Superior Court of Pennsylvania serves as a reminder that there are many defenses available when fighting a DUI charge, regardless of the driver’s level of intoxication. When applicable, one such defense is that the driver’s consent to a blood draw was not legally valid. Beer in Glove Box In Commonwealth…