Jurisprudence


Scranton DWI Defendants and DWI Defenses in Accident Cases

When an accident occurs when an allegedly impaired person is driving, this can result in very serious charges – especially if the accident causes an injury or a death. Typically, in a DWI accident case, a prosecutor shows a defendant was impaired and shows the defendant caused a crash to occur by driving while drunk and striking another car or another motorist. One recent case, however, involved a prosecutor trying to hold a defendant accountable for a collision which occurred even when the allegedly impaired defendant was no longer actively operating his vehicle.

The defendant ended up being convicted in the case, and Pix 11 indicates he was found guilty of 10 different offenses including manslaughter. The case was the first of its kind in which a DWI defendant was charged with manslaughter for a death he reportedly indirectly caused, even though he wasn’t actually driving and didn’t actually hit the person who was killed. It raises very important questions for when exactly an impaired driver can be charged with a crash and for how far a motorist’s potential risk of liability could extend.  It underscores the importance of having a strong defense, especially as prosecutors try to expand the scope of responsibility of people who allegedly drive while intoxicated.

Holding a Defendant Responsible for a Death When he Wasn’t Driving

The case involved a motorist who reportedly had a blood alcohol concentration (BAC) of between .13 and .14. The impaired driver left a night club and was on the expressway. He allegedly hit a BMW, disabling the steering on the BMW, and then left the scene of this incident and continued driving. He subsequently stopped his car short before an exit, prompting an off-duty police officer to hit the back of the car which caused the off duty officer to experience several fractures. The car with the allegedly impaired driver subsequently came to a rest in the HOV lane.

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Mazzoni Karam Petorak & Valvano Suite 201, Bank Towers 321 Spruce Street Scranton, PA 18503 Toll Free: (866) 434-5779
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Gas Line Risks For Philadelphia Workers

Workers on construction sites are frequently required to dig under the ground and are frequently required to use heavy machinery when remodeling or erecting a building. Unfortunately, whenever digging is occurring, there is a risk a gas line will be punctured.  Gas companies and municipalities are supposed to provide information on where gas lines are located. Unfortunately, sometimes maps and information are old or outdated or inaccurate or unavailable. This means there is always a serious risk of injuries occurring due to punctures or problems with the gas line.>

When a gas line is damaged, a fire can erupt and a worker could be badly burned or killed. Punctures to gas lines can also result in workers breathing in toxins which can make them sick. Victims or their families can pursue a Pennsylvania workers’ compensation claim for both injuries and illnesses which result from problems with gas lines encountered on-the-job.

Gas Line Risks a Big Problem for Philadelphia Workers

Issues with gas lines have become very common, especially in cities like Philadelphia where much of the infrastructure may be getting older. Philadelphia has some similarities to NY in terms of the risks of gas lines and just recently New York Post reported on workers who encountered a high pressure gas line when using a drilling rig.

According to the New York Post, there were 40 workers on the worksite when the drilling rig hit the high pressure gas line. The workers smelled the gas when the line was hit and were able to flee and escape the area.  It was fortunate they were able to get away quickly from the location where the line was hit because “a geyser of flame” erupted. The flame was fortunately contained in the drilling rig and only one worker sustained a minor injury at the scene.

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Law Offices Of Richard A. Jaffe, LLC 1500 John F. Kennedy Blvd. #1922 Philadelphia, PA 19102
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