But as Politico noted in a 2009 profile of Biden, the other driver was not charged with drunken driving, or anything else that would indicate fault on his part. Based on evidence and witness accounts, it appeared that Neilia Biden had pulled into the truck driver’s right of way at an intersection with a two-way stop, and the tractor-trailer driver was unable to stop in time to avoid striking her vehicle:
The driver of the truck, Curtis C. Dunn of Pennsylvania, was not charged with drunk driving. He wasn’t charged with anything. The accident was an accident, and though the police file no longer exists, coverage in the newspapers at the time made it clear that fault was not in question. For whatever reason, Neilia Biden, who was holding the baby, ended up in the right of way of Dunn’s truck coming down a long hill.
“She had a stop sign. The truck driver did not,” Jerome Herlihy told me. He’s a retired judge who then was a deputy attorney general and once was a neighbor to Biden and remains friendly. A pal of Biden at the time asked Herlihy “to go out to the state police troop where the driver of the other vehicle was to make sure everything was going all right,” and so he did. “In the end,” Herlihy said, “I concurred in their decision that there was no fault on his part.”