A Driver’s Responsibility in Pennsylvania — The Removal of Snow and Ice

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The Potential Consequences of Failing to Clear Snow and Ice from Your Car

In Pennsylvania, as in other states, the failure to remove snow and ice from your vehicle can be the basis for liability in a personal injury lawsuit. It can also result in a traffic citation. Here’s how it works.

In most personal injury claims (such as a motor vehicle accident lawsuit), the legal theory supporting financial recovery is negligence. To prove negligence, an injured person must first show that the defendant (person alleged to have caused the harm) failed to meet the accepted standard of care. As the law of personal injury has evolved over centuries, it has been premised on the expectation that all persons will exercise reasonable care in all activities, so as not to pose an unreasonable risk of injury to others. The duty to use reasonable care applies to maintaining one’s home, manufacturing and marketing a product and driving a motor vehicle. The question that would be posed, in a motor vehicle accident claim, is whether it was reasonable to expect that the driver would remove snow and ice from the vehicle. If it was, and if the failure to do so caused or contributed to the accident that caused the injury, the driver may be liable.

In 2006, the Pennsylvania legislature passed a law that also made the failure to remove snow and ice a criminal violation. Enacted in response to the death of a woman after a huge chunk of ice flew off a semi and shattered her windshield, the law imposes a fine of up to $1,000 on any person who has snow or ice fall from his or her car and cause injury to another driver, a passenger or a pedestrian.

Contact Our Office

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or 302-594-4535 or contact us online.

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Comparative Negligence in Pennsylvania

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If you’ve been injured because of someone else’s carelessness or negligence, you have a right in Pennsylvania to pursue damages for all your losses. But what if the accident was partially your fault—are you still able to seek compensation for your injuries? The answer, as with most issues, is “it depends.”

The negligence laws in Pennsylvania, as in other states, have evolved mostly out of the common law, what we call “judge-made law.” For centuries, the rule of contributory negligence applied in personal injury cases. This doctrine held that a plaintiff who contributed in any way to his or her injury was barred from any recovery. This led defense attorneys to look for any evidence that an injured party may have been careless or negligent.

Because of the perception that such a rule unfairly discriminated against individuals who engaged in insignificant acts of negligence, the concept of contributory negligence has been replaced, across the country, with the principle of comparative negligence. There are, however, two approaches to comparative negligence.

In a number of states, the doctrine of “pure comparative negligence” applies. In these jurisdictions, a jury is instructed to determine the full amount of a plaintiff’s losses, but also to assess a percentage of liability on behalf of the injured party. For example, a jury may conclude that the total losses are $750,000, but also find that the plaintiff was 10% responsible. The damage award would then be reduced by $75,000.

In Pennsylvania, as in many other states, the concept of “modified comparative negligence” is the rule. Under this approach, a plaintiff may only recover damages if his or her liability is less than a specified amount, typically 50%. Accordingly, if an injured party is more responsible than others for his losses, there can be no recovery.

Contact Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have fought for the rights of individuals throughout Delaware County since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or 302-594-4535 or contact us online.

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Drivers Can Be Liable for Failing to Clear Snow and Ice from Cars

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It’s a law in the state of Pennsylvania—you must clean all snow and ice from your car before you get behind the wheel and pull out of the driveway. If snow or ice falls from your car and causes injury to anyone—drivers, passengers or pedestrians—you can face a fine of up to $1,000 for each violation. The law was enacted in 2006, a year after motorist Christine Lambert was killed when a chunk of ice fell from a tractor trailer and shattered her windshield.

Authorities say, though, that there’s more than potential criminal responsibility when you fail to brush snow and ice from your vehicle. It can also be the basis for a civil suit seeking damages. Here’s how that works.

In most personal injury claims, the legal basis for seeking damages is a claim of negligence. One of the fundamental principles of negligence is the assumption that there is a duty, imposed on everyone, to act reasonably under all circumstances. That includes while operating a motor vehicle. It’s reasonable that a driver would operate a motor vehicle within or close to speed limits and that a driver will obey traffic laws, signs and signals. It’s also likely that a jury would find it reasonable that a motorist would remove ice or snow from his or her car before heading out on the road.

Additionally, it’s not just concerns that snow or ice falling from your vehicle may strike someone else. If you don’t take the time to defrost or clean your windows and your visibility is impaired, causing you to pull out in front of moving traffic or strike a pedestrian, that will likely be considered a breach of your duty to use reasonable care.

Contact Our Office

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or 302-594-4535 or contact us online.

Personal Service | Dedicated Advocacy | Cutting Edge Technology

Motorcycle Accidents and Fatalities in Pennsylvania

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Personal Injury Law Assistance in Media, PA & Wilmington, DE since 1980

Serious and fatal motorcycle accidents can bring on immediate emotional and physical loss and grief. They can also bring on immediate legal challenges. The motorcycle accident attorneys of Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP in Media, Pennsylvania, can help with both the personal and legal challenges following serious and catastrophic accidents.

We have provided personal and attentive service to personal injury and wrongful death clients and their families since 1980. We are also experienced litigators who have achieved numerous high-value sums in personal injury cases, including many six- and seven-figure verdicts and settlements.

Our experience means we understand the complexities of motorcycle accident cases. For example:

  • Motorcyclists have different insurance than that of car and truck drivers. We can navigate the numerous and sometimes conflicting and overlapping insurance coverages while fighting for your highest-value result.
  • Motorcycle accidents must be investigated. Who caused the accident? Who witnessed it? What evidence exists and how can it be obtained and preserved? We are skilled in investigating motor vehicle accidents, proving negligence and fighting for clients’ rights to financial compensation.
  • Personal injury claims hinge largely on damages and loss. We are experienced at working with medical care providers, life care professionals and economists to assess and document injuries and loss.

If you or a loved one were injured in a motorcycle accident in, contact the attorneys of Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP to schedule a free initial consultation by calling 610-565-4055 or 302-594-4535.