Legal Question in Criminal Law in Pennsylvania
I was driving home and got caught in a blizzard. I am a very new driver- I have only had my license for about a month- so I felt unsafe to drive in the current conditions. My boyfriend lived about 10 minutes away so I decided to call him to see if I could seek shelter at his house as opposed to driving to my own which was about an hour away. He did not answer my phone calls. I decided to head to his house anyways as I felt it was the closest and safest option. Upon arriving, I find him naked in the shower with another girl who he used to have sexual relations with. We proceeded to argue, however the argument did not get excessively heated. I ended our relationship, and once we were discussing things in a calmer manner I asked him if he could please send her home (she lived just down the road from him, so her travels home would not be very risky given the weather) so that I could stay on his couch that night because I did not feel safe driving and had nobody who could come pick me up. At this point, the weather had gotten much worse than when I initially arrived. He refused to let me stay there and had to go home because the girl I walked in on him cheating on me with was going to be spending the night with him. I gathered my things and left, forced to make the long drive home from his house in a heightened emotional state and in extremely dangerous winter weather. On my drive home, I hit a patch of black ice and totaled my car. I was the only vehicle involved in the accident. A fire truck responded and removed my car door to rescue me from the vehicle. I suffered no physical damage but my car is beyond repair.
Was there any wrongful or illegal act committed by my past boyfriend that I could build a case against? I was very lucky to escape the situation unharmed, and could have lost my life. I am now without any means of transportation and thus my ability to work and be independent has suffered, and do not have the financial means to purchase another vehicle.
My past boyfriend knew I was a new driver, knew the road conditions were very dangerous, knew I had no way home and nowhere else to stay, and knew I was in a heightened emotional state as a result of his actions. Did he commit an act of reckless endangerment?
1 Answer from Attorneys
So why is your being out in conditions in the first place his responsibility. Just because you dropped in doesn't impose any responsibility on him.
{John}
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