Criminal Defense | Personal Injury | Medical Malpractice | DUI Lawyers Erie, PA

Erie DUI Car Crash Lawyers : Pennsylvania Man Sentenced to 3 - 6 Years in Fatal Harborcreek Accident

A DUI related fatality in Erie last fall has led to a state prison sentence for a North East man. Frank Stewart was sentenced yesterday for the September 20, 2009 crash that killed his friend, Jeffrey Lencki.

Mr. Stewart was sentenced to three to six years, a sentence that will be served in a state facility for crimes including vehicular homicide while DUI. The accident happened September 20, 2009 near midnight when Mr. Stewart failed to negotiate a curve on Belle Road near Davison Road in Harborcreek Township and rolled the vehicle. Mr. Lencki, a passenger in the vehicle, was ejected and killed as a result.

Mr. Stewart's blood alcohol content was 0.147 percent or nearly twice the legal limit of 0.08 percent.

This event was Mr. Stewart's second DUI related event in a 3 month span. Mr. Stewart also had a DUI arrest July 12, 2009 on Route 20 near Walbridge Road in Harborcreek Township. His BAC in the first arrest was reportedly 0.138 percent.

There is no happy outcome in these events. The article doesn't tell us much about Mr. Lencki but it seems fair to assume his death leaves grieving loved ones, whether they be parents, a spouse, children or friends. Mr. Stewart's fate is a tragedy, too. Apparently a man unable to respond to the wake-up call that his first arrest provided, his personal flaw now takes him from his loved ones and places him in a state facility where, frankly, few good things can happen. He, at least, has a chance at redemption and it is one I hope he uses to full advantage.

It bears observing that Mr. Lencki was ejected from the vehicle. The article does not report whether he was seat belted or not but it is reasonable to infer that he was not wearing his seatbelt. I do not blame Mr. Lencki for not wearing his seatbelt. The law is clear that such an action is not to be considered in legal cases in which blame is allocated and I see no point in assigning blame outside of that context. But it is worth noting that seat belts save lives in Pennsylvania car crashes and wearing them is one of the few things that passengers can do to protect themselves.

As an Erie, Pennsylvania accident lawyer who has been responsible for sorting out the legal consequences of many of these fatal car accidents I can tell you that I have never once seen a Pennsylvania car crash case in which someone was killed or suffered more severe injury as a result of having been seat belted. On the contrary, the gruesome photos and overwhelming evidence I've seen have led to one of the few New Year's resolutions my wife and I have ever kept. We wear our seatbelts and we insist our children wear theirs, too.

No Comments

Leave a comment
Comment Information

Get Help Now

Fill out the quick contact form below to get in touch with our team. Tell us what happened, and we'll let you know how we can help.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Criminal Defense

freebooks
Download

Personal Injury

freebooks
Download

Office Locations

Erie Office
2525 W 26th St.
Erie, PA 16506

Meadville Office
The Masonic Building
310 Chestnut Street
Suite 111
Meadville, PA 16335

North East Office
68 East Main Street
North East, PA 16428

Local:
814-580-5017
Toll Free:
877-505-9548
  • Avvo
  • Pennsylvania Association for Justice
  • TADD | Plege 2 not drive Distracted
  • American Association for Justice
  • WPTLA | Western Pennsylvania Trail Lawyers Association