If you have to go out today, we commend you. A major winter storm is taking aim at parts of eastern Pennsylvania, New York, and Massachusetts and is expected to dump more than a foot of snow over the next couple days.
We have written a number of times on the dangers of winter driving and how people have a legal (and practical) duty to use reasonable care when behind the wheel and driving condition deteriorate, but sometimes reasonable care is not enough to prevent an accident. Moreover, it may not prevent a driver from going into a ditch.
In these situations, a Good Samaritan may stop and offer assistance. But what legal obligations to passersby generally have?
Under Pennsylvania law, people generally do not have an obligation to stop and render assistance absent three important exceptions:
– A person actually caused the accident (or condition) that put the person in peril. In these instances, the offending person would have a duty to help.
– The person began rendering aid, and then stopped. Essentially, if a reasonable person would have continued with the rescue, this expectation would apply.
– There is a special relationship between the victim and the rescuer. Essentially, a parent would have a duty to rescue a child, and in some cases, an employer would have a duty to rescue an employee.
So while we hope that the winter storm does not leave people stranded or in perilous conditions, we also hope that rescues are undertaken with reasonable care.
Recent Articles
Shollenberger Januzzi & Wolfe Sponsors Unified 5K in Mechanicsburg
This past Sunday, Shollenberger Januzzi & Wolfe, LLP was proud to serve as a Gold Sponsor for the Unified5K in...
Learn MoreWhen a Trucking Company Is Liable Beyond the Driver After a Pennsylvania Crash
Given the sheer mass of a commercial truck, you may suffer debilitating injuries in a large truck crash. If you...
Learn MoreHow Multi-Vehicle Highway Accidents Change Personal Injury Case Strategy
A multi-vehicle accident occurs when three or more drivers are involved in a crash. The first rear-end collision acts as...
Learn More