PENNSYLVANIA HIT AND RUN LAWYER SALUTES PENNSYLVANIA LEGISLATOR LOOKING TO CLOSE LOOPHOLE IN STATE LAW THAT SOME BELIEVE ACTUALLY ENCOURAGES PEOPLE WHO MAY BE UNDER THE INFLUENCE TO LEAVE THE SCENE OF THE ACCIDENT - A STEP IN THE RIGHT DIRECTION
Some Pennsylvania legislators are looking to close a loophole in state law that some believe actually encourages people who may be under the influence to leave the scene of an accident. Under the current Pennsylvania law, the penalty for leaving the scene of a fatal accident is a year in jail. But, if the same driver stays at the scene to render assistance and is found to be under the influence, the penalty can be much stiffer, as much as five years. Rep. David Reed, R-Indiana, is looking to change that provision.
Representative David Reed, an Indiana county Republican, is the sponsor of legislation that got a hearing before the State House Judiciary Committee this past week. Basically, the loophole that exists in Commonwealth law states that if you are involved in a hit and run accident involving a fatality, this would actually encourage someone to leave the scene of an accident as opposed to stopping and rendering aid. Representative Reed correctly noted that currently under Pennsylvania law, the penalty for a fatal hit and run is a year in prison. So for a driver under the influence that flees the scene of a mandatory fatal accident and is apprehended later after sobering up, it is a mandatory one year sentence but if that same driver stops to offer assistance and is found to be legally intoxicated, it is a mandatory three years in jail. Reed’s bill would raise the minimum sentence for fleeing the scene of a fatal accident from one year to five years. For more information on Pennsylvania laws concerning leaving the scene of an accident link to the Pennsylvania Vehicle Code CH. 37; scroll to Subchapter C. www.dmv.state.pa.us
People leave the scene of car accidents for many reasons. They may have outstanding warrants, no car insurance, or drunk or under the influence of intoxicating substances. The applicable motor vehicle statute in Pennsylvania states that “the driver of any vehicle involved in an accident resulting in injury or death of any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every instance remain at the scene of the accident until he has fulfilled the requirements of Section 3744 of the PA. M.V.C. (relating to the duty to give information and render aid). Every stop shall be made without obstructing traffic more than is necessary”.
Penalties are stated as follows: Any person violating this section commits a misdemeanor of the first degree. If the victim suffers seriously bodily injury any person violating the section noted above commits a felony of the third degree and the sentencing court shall order the person to serve a minimum of imprisonment of not less than 90 days and a mandatory fine of $1,000 notwithstanding any other provision of the law.
If the victim dies, any person violating the above rule commits a felony of the third degree and the sentencing court shall order the person to serve a minimum term of imprisonment of not less than one year and a mandatory minimum fine of $2,500 notwithstanding any other provision of law.
Pennsylvania law further states that any person who recklessly or with gross negligence causes the death of another person will engage in the violation of any law of this Commonwealth or municipal ordinance applying to the operation or use of the vehicle or to the regulation of traffic, except under Section 3731 relating to driving under the influence of alcohol or controlled substances is guilty of homicide by vehicle, a felony of the third degree, when the violation causes death.
If you or a loved one has been injured by a hit and run driver, please contact the hit and run lawyers at the Philadelphia personal injury law firm of Reiff & Bily for a free consultation. We have 30 years experience representing injured plaintiffs for a small percentage of the recovery. There is no cost if there is no recovery and our track record speaks for itself. Contact us at 1-800-421-9595 or on the web at www.reiffandbily.com.
