Philadelphia Personal Injury Lawyer Blog

On November 22, 2011, the Luzerne County Court of Common Pleas found that the plaintiff in an automobile accident was entitled to partial summary judgment as  the defendant's attempt to assert a funeral procession as an affirmative defense was inapplicable to him.

The accident occurred on July 28, 2006, in Hanover Township, Pennsylvania.  The plaintiff was injured when his vehicle was struck by the defendant, who admittedly drove through the stop sign.  The defendant asserted as a non-lead vehicle in a funeral procession he did not need to stop at the stop sign.  However, the defendant also admitted that he was not part of the funeral procession and mistakenly joined the line of cars believing the vehicle had "car trouble" and was forced to proceed. 

The Motor Vehicle Code governs the responsibilities of drivers in a funeral procession.  The Statute reads as follows:

§ 3107.  Drivers in funeral processions.

(a)  General rule. --The driver of a vehicle which is being driven in a funeral procession may:
   (1) Park or stand irrespective of the provisions of this part.
   (2) Proceed past a red signal indication or stop sign if the lead vehicle in the procession started through the intersection while the signal indicator was green or, in the case of a stop sign, the lead vehicle first came to a complete stop before proceeding through the intersection.
(b)  Visual signals required. --The privileges granted by this section shall apply only if each vehicle in the funeral procession displays lighted head lamps and emergency flashers and bears a flag or other insignia designating it as part of a funeral procession.

(c)  Right-of-way to emergency vehicles. --This section does not relieve the driver of a vehicle which is being driven in a funeral procession from yielding the right-of-way to an emergency vehicle making use of audible and visual signals, nor from the duty to drive with due regard for the safety of all persons.

The Court found that the defendant was not entitled to avail himself to the privileges accorded to drivers of motor vehicles in a funeral procession because he was not part of the funeral nor a bona fide participant in the funeral procession.