One of the most common types of accident cases is one vehicle striking another from behind, commonly called the rear-end accident. When we pursue a claim for a client injured in a rear-end accident, proving liability on the part of the defendant is usually pretty easy. Our client stopped and the defendant did not stop. The accident happened, our client was injured and is entitled to a recovery for damages sustained.
Part of the proof we use against the defendant is the Pennsylvania Motor Vehicle Law. Section 3361 of the Motor vehicle Code, titled Driving a Vehicle at Safe Speed, requires a driver to drive at a speed no greater than that which would allow the driver to stop with the “assured clear distance.” Here is how one Pennsylvania court defined assured clear distance:
“A driver must keep his vehicle under such control that he can always stop within the distance that he can clearly see, a distance that will vary according to the attending circumstances. The assured clear distance ahead rule applies to objects which are static or essentially static and it applies to vehicles moving in the same direction.” See Commonwealth v. Martoni, 923 A.2d 444 (2007).
What the court is saying is that you have to drive at a speed that allows you to stop before you hit whatever is in front of you. If you drive faster than that, you have violated this statute and you will be liable for damages to whomever is injured. This statute is commonly used when this type of case goes to trial as part of the instructions a judge will give a jury for when they consider liability in a personal injury case. The law is very clear, and usually the facts are pretty clear as well so proof of liability in this type of case is usually not difficult.
This rule is noteworthy not only as a demonstration of the methods we use to prove liability, but also as a reminder of what you need to do in order to drive more safely to avoid injury to yourself and to others.
Serious injuries or wrongful death may occur from automobile accidents, truck accidents, boating accidents, slip and fall accidents, dog bites, or other incidents of personal injury. Often, these “accidents” could have been avoided if reasonable preventative measures had been taken. At Palmieri & Matvey, we are a full-service personal injury law firm based in Aliquippa, Pennsylvania. We represent victims and their families who are fighting for justice and fair compensation for their injuries. For a free consultation, Contact us today. We can discuss what your case could be worth, what the insurance company involved owes you, and whether you do in fact need an attorney to represent you.
Visit my website at http://www.matveylaw.com/
From offices in Center Township, Aliquippa, law offices of Palmieri & Matvey, P.C. serves the personal injury and estate administration needs of Western and Southwestern Pennsylvania including the communities of Aliquippa, Center Twp, Beaver, Ambridge, Baden, Beaver Falls, Bridgewater, Chippewa Twp, Conway, Coraopolis, Cranberry Twp, Economy, Ellwood City, Freedom, Harmony, Hopewell, Leetsdale, Midland, Monaca, Moon Twp, New Brighton, New Castle, Patterson Twp, Pittsburgh, Rochester, Shippingport and Vanport; as well as Beaver County, Allegheny County, Washington County, Butler County and Lawrence County and other areas of Western PA.
