Law of Vehicle Negligence in Pennsylvania

Bisel Publishing

$159.00 

2010 Second Edition

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: 2019 Midyear Supplement; Released Aug 2019; $124.00
(Current Subscriber's Price: $102.50)
ISBN: 1-887024-86-7


New For 2019 Supplement

 

Updates in the Areas of: 
  • Condition of the Vehicle
  • Proximate Cause
  • Speeding
  • Innatention/Fatigue
  • Scope of Employment
  • Possession of the Vehicle
  • Independent Contractor
  • Jury Instructions
  • Powers of Local Authorities 

    This is a newly 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

    ACKNOWLEDGE
    TABLE OF CONTENTS
     
    Chapter
    1.

    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
    INDEX