Eyewitness Can Testify to Speed of Car Pre-Crash

Posted on: June 27th, 2012       Attorney Thomas Newell

A 2008 ruling of the PA Superior Court reaffirmed past legal decisions that a lay witness can testify as to the speed of an automobile before a Pennsylvania car accident. A car crash occurred in Philadelphia between a car and a bus. At trial, a passenger in the bus with 18 years of driving experience, testified that the driver of the car was going 40 to 45 miles per hour.

She also stated that the auto was back far enough to give the driver plenty of time to stop and avoid the PA car crash had she been paying attention to the roadway. The jury returned a verdict in favor of the bus driver and his employer due to their finding that the driver’s negligence was the primary cause of the car accident.

The Pennsylvania car crash lawyer filed an appeal. The Superior Court noted that the eyewitness had an unobstructed and continuous view of the car leading up to the PA motor vehicle collision. Adding her driving experience to these facts, the Appeals Court confirmed the decision to permit the eyewitness to testify as to the speed of the oncoming car and denied the appeal of the Pennsylvania automobile accident victim. Fisher v. Central Cab Co., 945 A.2d 215 (Pa. Super. 2008)

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