Law of Vehicle Negligence in Pennsylvania

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: 2024 Supplement; Released Feb. 2024.

ISBN: 1-887024-86-7

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  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

  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