The Law Firm of Leisawitz Heller

Car that avoided hitting deer causes fatal Pennsylvania crash

A vehicle collision on Route 66 near Red Bank ended in the death of a New Kensington man on Nov. 8. According to police officers, the accident occurred at about 10 p.m. when the driver of a northbound SUV lost control after attempting to avoid a collision with a deer. The SUV then skidded on the wet road and crossed into the southbound lane.

Two individuals who were in the vehicle that was hit were airlifted to a medical facility in Pittsburgh. A 58-year-old woman received treatment for unspecified injuries, but her 53-year-old husband succumbed to his injuries. Two people in the SUV suffered minor injuries, but it was not reported if they also received medical treatment. Police did not indicate if the SUV driver will receive criminal charges or citations.

Fatal car accidents may not always present a clear picture of liability. In some cases like this, liability may be established by applying the concept of duty of care.

On the road, motorists have a duty to obey all traffic laws and take extra precautions in certain conditions in order to avoid causing a collision. For example, if a person is driving on a rural road that is wet due to recent rain, that driver might be expected to exercise extra caution by driving more slowly or paying more attention. This is because weather conditions might make driving more hazardous. If it can be proved that a driver did not exercise sufficient duty of care, that driver might be found liable for an accident.

Source: WHTM, "Pennsylvania man killed in deer-avoiding crash", November 10, 2014

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