YET ANOTHER HIT AND RUN ACCIDENT BY A DRUNK DRIVER CLAIMS THE LIFE OF EAGLES’ STAR JAMAAL JACKSON’S BROTHER
Kamar Jackson, age 29, was killed in a hit and run accident last Saturday. The suspect, Carlos Rodriguez, turned himself in a day after the accident after the Jackson family pleaded for the driver to so. According to news sources, Rodriguez eventually admitted to being in a strip club and getting behind the wheel of his SUV while drunk. (news article)
On September 16th, I noted in my blog that Pennsylvania legislature Rep. David Reed was looking to change provisions in Pennsylvania law to close a loophole that some say actually encourages people who are under the influence to leave the scene of an accident, as was the case with Carlos Rodriguez.
The Philadelphia hit and run lawyers at the Philadelphia personal injury and hit and run accident law firm of Reiff & Bily salute Representative David Reed and all like-minded legislators who sponsor legislation that was heard in the State House Judiciary Committee earlier in September.
Basically the loophole that exists in the Commonwealth of Pennsylvania law states that if you are in a hit and run accident involving a fatality, you would be encouraged to leave the scene as opposed to stopping and rendering aid. Currently under Pennsylvania law, the penalty for a hit and run is a year in prison. So, for a driver under the influence that leaves a fatal accident and is apprehended later after sobering up, has a mandatory one year sentence. But, if that same driver stopped and was found to be legally intoxicated, there would be a mandatory three years in jail. The bill sponsored by Representative David Reed 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, Chapter 37; scroll to Subchapter C. (www.dmv.state.pa.us)
We have found that over the past 30 years of investigating hit and run accidents that many people leave the scene of hit and run accidents for many reasons, most likely being that they have outstanding warrants, no car insurance or are drunk and/or operating the vehicle 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 the 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 PA. M.V.C. relating to the duty to give information and render aid. Every stop should be made without obstructing traffic more than is necessary. Penalties are stated as follows:
Any person violating the above subsection commits a misdemeanor of the first degree. If the victim suffers serious 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 imprisonment of not less than 90 days and a mandatory fine of $1,000 notwithstanding any other provision of 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 a violation of any or all of the Commonwealth or municipal ordinances applying to the operation or use of a vehicle or to the regulation of traffic, except under Section 3731 relating to driving under the influence of alcohol or a controlled substance is guilty of homicide by vehicle, a felony of the third degree, when the violation causes death.
The lawyers of the Philadelphia hit and run law firm of Reiff & Bily have been investigating hit and run accidents for over 30 years. We express our deepest, heartfelt condolences to the family of Jamaal Jackson and salute the efforts of lawmakers in Pennsylvania and nationally to close the existing loopholes in Pennsylvania laws and laws of other states which may, in fact, presently benefit defendants who flee from hit and run accidents.
Please contact us at 1-800-421-9595 or online at www.reiffandbily.com for a free consultation.
