Philadelphia Hit And Run Car Accident Epidemic And The Loopholes That Act As Enablers - Its Now Run Baby Run!
According to my research, there have been approximately 5,000 cases of drivers leaving the scene of a car accident through May 3, 2009. Last year, there were 14,707 hit and run accidents where drivers left the scene. As an experienced hit and run accident and car accident lawyer since 1979, I can honestly state that I have never been so depressed with the state of affairs surrounding hit and runs as I have been lately. There is nothing more upsetting than when I am contacted by a parent who has lost a child or a family that has lost a father, mother or grandmother. In my opinion, nothing comes close to the loss of a child. A recent hit and run death in Philadelphia took the life of Calvin Wilkerson, an 18-year old, who was run down by a van on 9th Street and Hunting Park Avenue as he walked home last week.
Unfortunately, the current state of affairs with regard to Pennsylvania law encourages somebody to leave the scene of an accident. Under the current Pennsylvania law, the penalty for leaving the scene of an accident is one year in jail. But if the same driver stays at the scene to render assistance and is found to be under the influence of alcohol or intoxicating substance, the penalty can be as much as five years. Obviously, a person irresponsible enough to drive under the influence of alcohol is irresponsible enough to leave the scene of an accident and if that person is apprehended after they have sobered up, they would be facing a much lesser penalty. Representative David Reed recently sponsored a piece of legislation raising the minimum sentence for fleeing the scene of an fatal accident from one to five years.
As an experienced car accident lawyer investigating hit and run accidents for over 30 years, I have noticed that many people leave the scene of a hit and run accident for many reasons. Most likely they have outstanding warrants, no car insurance or are drunk and operating a motor vehicle under the influence of an intoxicating substance. The applicable motor vehicle statute in Pennsylvania clearly states “the driver of any vehicle involved in an accident resulting in the injury or death of any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every instance remain at the scene of the accident so as to fulfill the requirements of Section 3744 of the Pennsylvania Motor Vehicle Code relating to the duty to give more information and render aid. Every stop should be made without obstructing traffic more than is necessary.”
Penalties are noted as follows:
Any person violating the above subsection commits a misdemeanor of the first degree. If the victim suffers serious bodily injury, any person violating the Section noted above commits a felony of the third degree and the sentencing court shall order the person to serve a minimum imprisonment of not less than 90 days and a mandatory fine of $1,000 notwithstanding any other provision of the law. If the victim dies, any person violating the above rule commits a felony of the third degree and the sentencing court shall order the person to serve a minimum term of imprisonment of not less than one year and a mandatory fine of $2,500 notwithstanding any other provision of the law. Pennsylvania law further notes that a person who recklessly or with gross negligence causes the death of another person who engaged in the violation of any or all of the Commonwealth municipal ordinances applying to the operation or use of a vehicle or to the regulation of traffic except under Section 3731 relating to driving under the influence of alcohol or a controlled substance who is guilty of homicide by vehicle, a felony of the third degree, when the violation causes death.
This epidemic is growing at an alarming rate. It is time that the legislature act appropriately to close the loopholes encouraging people to leave the scene of hit and run accidents by mandating stiffer penalties.
Jeffrey Reiff is an experienced car accident and hit and run lawyer with the law firm of Reiff & Bily. The lawyers of the hit and run accident law firm of Reiff & Bily have been investigating hit and run accidents for over 30 years. We express our deepest and heartfelt condolences to the family of Calvin Wilkerson and the other families who have been victims of hit and run accidents. I salute the efforts of David Reed and other lawmakers in Pennsylvania and nationally to close the existing loopholes in the hit and run laws that presently benefit people who flee from hit and run accidents.
If you or a loved one has been injured in a hit and run car accident, please contact one of the experienced Philadelphia hit and run lawyers at 1-800-421-9595 or online at www.reiffandbily.com.
