Commonwealth v. Linton, B., Aplt.

Summary

Justice McCaffery dissents, arguing that the majority’s newly created “reasonable under the totality of the circumstances” test improperly imposes a duty on pedal‑cycle operators to leave the roadway, contrary to the plain language of 75 Pa.C.S. §3364(b)(2). He stresses that the Commonwealth must bear the burden of proving unreasonableness, points to the statutory text and legislative intent, and contends that the statute only requires reasonable efforts, not an absolute duty to vacate the road.