Law of Vehicle Negligence in Pennsylvania
AUTHORS: ARTHUR S. ZANAN
and LAWRENCE P. KEMPNER
1 Volume, Loose-leaf, 825 pages
Published: December, 2009
(Previous Editions: 2001-1st Edition)
Most recent supplement/update: 2023 Supplement; Released Feb. 2023.
This is a revised modern treatise offering an in-depth study of the present law affecting vehicles in Pennsylvania. For each type of automobile case, the treatise presents the theories on which the plaintiff may base his or her right to the recovery of damages, and possible defenses that may be interposed by a defendant. Negligent concepts, duty owed, proximate cause, damage concepts, contributory negligence, comparative negligence, assumption of risk, sudden emergency and assure clear distance doctrines are presented and discussed with citation to all of the controlling cases.
The text includes discussion and analysis of the duty to use care, law of the road, care in particular circumstances, skill or capacity of the operator of a vehicle, lookout, speed and control, signals and warnings, equipment defects, and particular vehicle movements, such as meeting, passing, overtaking, and crossing. The text also includes a review of the 1976 Vehicle Code, as amended. This is a valuable resource for assisting both lawyer and judge in their preparation and trial of automobile cases.
It has been said of the automobile, "It has probably, directly or indirectly, caused more litigation than any other material objective of human endeavor in a corresponding period of time." No recitation of statistics is necessary to emphasize the currency of that statement.
This latest edition is presented for the use of the lawyer and judge with the hope that it will assist them in their preparation and trial of automobile cases.
HIGHLIGHTS OF COVERAGE
Complete Coverage of the Vehicle Code and Common Law Negligence … Comparative Negligence … Intersections … Pedestrians … Passengers Agency … Contributory Negligence … Seat Belts Intoxication … Falling Asleep … Damages in Vehicle Accident Cases … Presumption of Due Care … Evidence-Speed, Spontaneous Declarations, Expert Testimony … Failure to Render Aid … Condition of Vehicle-Safety Equipment … Condition of Highway … State Highways … Causation … Key Left in Ignition … Strict Liability of Manufacturers … Bailments, Leasing, Rentals … Imputed Negligence … Driving Schools … Following Too Closely … Failure to Stop or Yield … Liability of Good Samaritans … Motorcycles … Common Carriers … Liability of Railroads and Street Railways to Vehicles … Conflict of Laws, Jurisdiction and Venue — State and Federal Courts … Limitations of Actions
SUMMARY OF CONTENTS
TABLE OF CONTENTS
GENERAL PRINCIPLES OF VEHICLE NEGLIGENCE
Duties Imposed Upon the Operator Proximate Cause and Intervening Acts Joint and Several Liability Activities Which Increase the Likelihood of an Accident 2. TYPES OF COLLISIONS Intersectional Collisions Other Types of Collision 3. PARTICULAR CIRCUMSTANCES AFFECTING LIABILITY Condition of the Operator Condition of the Vehicle 4. LIABILITY WITH RESPECT TO PEDESTRIANS Duties of Pedestrians and Motorists Intersections Pedestrians on the Highway/Roadway/ Sidewalks/Safety Zones Types of Pedestrians 5. LIABILITY WITH RESPECT TO PASSENGERS Guest or Occupant of the Vehicle Contributory Negligence of the Guest or Occupant of the Vehicle 6. VICARIOUS AND DIRECT LIABILITY OF VEHICLE OWNERS Non-Commercial Vehicles Accidents Occurring in the Scope of Employment Liability of Other Persons and Entities 7. PARTICULAR TYPES OF VEHICLES 8. GOVERNMENT IMMUNITY Introduction The Motor Vehicle Exceptions The Streets Exceptions The Trees, Traffic Controls and Street Lighting Exceptions Notice of the Claim Liability of Other Parties 9. COMMON CARRIERS Introduction Boarding, Operating and Alighting Other Misconduct Giving Rise to Liability 10. DEFENSES
APPENDIX A: Selected Vehicle Code Statutes
APPENDIX B: Selected Government Immunity Statutes
APPENDIX C: Selected Suggested Standard Civil Jury Instructions
TABLE OF CASES