ANOTHER DEADLY PHILADELPHIA HIT AND RUN ACCIDENT RESULTS IN THE LOSS OF LIFE OF A 16 YEAR OLD HIGH SCHOOL HONOR STUDENT - TIME TO CLOSE LOOPHOLES IN LAW
According to an article placed in The Daily Times, a suburban Philadelphia man has surrendered in the hit and run death of a high school honor student. Faith Sinclair, a 16 year old honor student, was struck on August 3rd as she was crossing a busy highway in Sharon Hill, Pennsylvania. On August 7th, a 2000 black Mercedes was seized from the garage of the alleged defendant by investors. According to reports, the Delaware County District Attorney, G. Michael Green, claim that the defendant called his boss after the accident to inform him he would not be in to work due to the fact that he had been in a fatal accident involving a young girl. The defendant was 27 years old on the day he surrendered to the authorities. He was charged with leaving the scene of a deadly accident, a felony that carries a one year mandatory minimum prison sentence and tampering with evidence. Under 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 of alcohol or an intoxicating substance, the penalty can be much stiffer, as much as five years. (Daily Times news article)
In my law practice at the Philadelphia personal injury law firm of Reiff and Bily, I have all too often dealt with hit and run cases and it is apparent that the current hit and run law of Pennsylvania rewards drivers who are under the influence that flee the scene of accidents. For more information on Pennsylvania laws concerning leaving the scene of an accident link to Pennsylvania Vehicle Code, Chapter 37, Subchapter C at www.dmv.state.pa.us)
Recently, Representative David Reed, an Indiana county Republican sponsored legislation and had a hearing before the State House Judiciary Committee. Reed recognized the loophole and was looking to close the loophole that would encourage people who may be under the influence to leave the scene of the accident. People leave the scene of car accidents for many reasons such as outstanding warrants, no car insurance or are driving 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 return to and in every instance remain at the scene of the accident until he has fulfilled the requirements of Section 3744 of the Pennsylvania Motor Vehicle Code (relating to the duty to give information and render aid). Penalties are 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 Philadelphia hit and run lawyers at the Philadelphia personal injury law firm of Reiff and Bily for a free consultation at 1-800-421-9595 or on the web at www.reiffandbily.com.
