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Category: Doylestown Car Accident Lawyer

Mar 29, 2019 - Doylestown Car Accident Lawyer

Involuntary Intoxication as a Civil Defense in Pennsylvania

Doylestown Accident Lawyer If you’ve been injured in a motor vehicle accident that was caused by a drunk driver, or by an intoxicated defendant in some other accident scenario, then you may have a right to sue and recover damages under Pennsylvania law.  When pursuing litigation, however, you may come into conflict with the defendant over the issue of “involuntary intoxication.”  Involuntary intoxication is an affirmative defense that may be asserted if the defendant was not actually responsible for their intoxication at the time of the accident, thus shielding them from civil liability. When a defendant asserts the defense of involuntary intoxication, it’s important not to panic or become overwhelmed with the prospect of a more complicated lawsuit.  It is rather difficult for a defendant to successfully avoid liability on the basis of involuntary intoxication, in Pennsylvania or elsewhere. Let’s take a closer look. Involuntary Intoxication is a Complete Defense to Negligence In Pennsylvania, the defendant can make use of the involuntary intoxication defense if they can show by a preponderance of the evidence (i.e., that it is more likely than not) that they became intoxicated through no fault of their own.  There are a variety of circumstances that can give rise to involuntary intoxication, including, but not necessarily limited to the following: The defendant was forcibly intoxicated, either physically (by another party), or by duress, undue influence, fraud, or some other misconduct; The defendant made an innocent mistake regarding the intoxicating product; The defendant has a unique medical condition […]

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Feb 18, 2019 - Allentown Car Accident Lawyer

Several Reminders From Highway Safety Law Awareness Week

Did you know that this week (February 18- 25) is “Highway Safety Law Awareness Week?” By raising awareness regarding certain traffic laws, with which you may not be too familiar, PennDOT and the Pennsylvania State Police hope to make everyone safer on our roadways. This year’s focus is on a variety of lesser know traffic laws, as well as some changes to our existing laws. These include Pennsylvania’s Blind Pedestrian Law; the Use of Headphones While Driving; the Ride-on-Red law; the Unattended Motor Vehicle law (those with remote car starters should especially read this); the Clear Snow and Ice from your Vehicle Law (see our previous article here); the Steer Clear Law; the Turn-Around, Don’t Drown Law; as well as penalty changes to our existing DUI laws. In addition to the “Clear the Snow from Your Vehicle Law,” we previously wrote about, we think that it is important to be reminded, about two additional laws that are the focus of this year’s Awareness Week. The first law we would like to look at in more detail is the “Unattended Motor Vehicle Law” and the second is the “Turn Around, Don’t Drown Law.” On a cold winter morning, who doesn’t want to wait in the house while your car is getting warmed up before heading out on the road? But do you know what the laws are in Pennsylvania regarding leaving a vehicle running that is unattended? 75 Pa. C.S.A. Sec. 3701, prohibits anyone who is “in charge” of a motor […]

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Drake, Hileman & Davis

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