Monday, August 31, 2020

Motorists Involved in Accidents Required By Law To Move Their Vehicles Off the Roadway If Possible

In the case of Schmidt-Ramirez v. Burger, No. 9595-CV-2015 (C.P. Monroe Co. June 4, 2020 Williamson, J.), the court refused to grant a Plaintiff’s Motion for Partial Summary Judgment on the issue of contributory negligence in a motor vehicle accident case.

According to the Opinion, the Plaintiff was operating her vehicle under wintry conditions and allegedly lost control, which caused her vehicle to slide partially off the road. The Defendant driver then came along and slid on the same patch of ice that the Plaintiff had skidded on, and rear-ended the Plaintiff’s vehicle. 

The Plaintiffs filed a motion to prevent the Defendants from suggesting that the collision was the Plaintiff’s fault. 

Given that there were issues of fact, the court denied the motion filed by the Plaintiff. The court noted, in part, that the Plaintiff’s vehicle remained operable following the accident and that, under 75 Pa. C.S.A. §3745.1, it is required that the driver of any vehicle involved in an accident that does not result in apparent serious bodily injury or death shall immediately move the vehicle from the roadway to a safe place on the shoulder or some other area off the road.   The Court ruled that these issues should be left for the jury's consideration.

Anyone wishing to review a copy of this decision may click this LINK.

Source: “Digest of Recent Opinions” Pennsylvania Law Weekly (July 28, 2020).

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