Defense verdict for driver despite his conviction for driving under the influence.
We obtained a defense verdict in a Bucks County case on behalf of a driver despite his conviction for driving at the time under the influence of alcohol and drugs. The accident occurred at an intersection controlled by a flashing traffic light. The defendant was traveling in the direction of the yellow flashing light. The plaintiff testified that he stopped at the painted stop block for the red flashing light. The plaintiff looked both ways, and believing that all was clear, proceeded into the intersection. The plaintiff saw the defendant coming from his left at a high rate of speed, only an instant before the accident. The defense argued that the plaintiff’s position at the painted stop block did not allow for adequate sight lines, and that under Section 3323(b) of the Motor Vehicle Code he was obligated to move forward to a point where he had a clear view of approaching traffic.