Free Consultation
In addition to obeying posted signs, lighted signals, and painted markings on public roads, drivers in Pennsylvania are also expected to follow the rules established by state law about who has the “right of way” under various circumstances. Failing to yield properly to another car can very easily and quickly lead to a serious traffic crash—something which you may have unfortunately experienced all too recently.
Failure to yield car accidents in Erie can make for strong civil claims, provided you know how to pursue your unique case effectively. Working closely with a seasoned car accident lawyer after a wreck like this can be key not just to getting a good result from your lawsuit or settlement demand, but also to making sure that result involves you getting paid fairly for all your injuries and losses.
Proving Someone Else Failed to Yield Properly
Most of the instructions provided by Pennsylvania state law about when and how drivers should yield to other vehicles and pedestrians are established in 75 Pennsylvania Consolidated Statutes § 3323. Broadly speaking, everyone is supposed to yield to traffic already in the road they are entering as well as traffic that reached an intersection before they did. Pedestrians always have the right-of-way when they are inside marked or unmarked crosswalks.
Suppose a police officer witnesses someone failing to yield properly before getting involved in an Erie traffic accident. In that case, proving that the careless driver is at fault for the wreck may be as simple as referencing the traffic citation filed against them. In other situations, though, it may be necessary to collect and present evidence to prove fault for this sort of collision. Evidence may include:
- Witness testimony
- Traffic camera footage
- Input from accident reconstructionists
Gathering all of the evidence needed to build a strong case is something a seasoned legal professional can provide invaluable assistance with.
Getting Around Limited Tort Insurance Rules
Pennsylvania drivers can choose to purchase limited tort or full tort car insurance coverage, and both types of policies should provide personal injury protection (PIP) benefits to policyholders on a fault-free basis after wrecks. However, only full tort policyholders can immediately proceed to file suit if insurance benefits do not cover all losses stemming from a failure to yield car crash in Erie.
If someone has limited tort coverage instead, they would only be allowed to sue for additional damages like lost work income and physical pain if:
- They suffered a serious injury from their wreck
- Their case falls under one of a few other exceptions to limited tort laws
Determining what recovery options a particular person has after getting hurt through someone else’s failure to yield can be much easier with support from a knowledgeable legal professional.
Contact an Erie Attorney for Help Building a Failure to Yield Car Accident Claim
Pennsylvania’s right-of-way laws are in place for very good reasons: not just to keep traffic flowing efficiently, but also to reduce the number of accidents caused by confusion between drivers about who should proceed forward first. Anyone who violates these laws has breached the duty they owe everyone else on the road to act lawfully and responsibly behind the wheel. They can be held legally liable for any injuries they cause through their negligence.
However, knowing the basics of personal injury law is one thing, and knowing how to proactively apply that law to a failure to yield car accident in Erie is another entirely. Call today to get the guidance you need from a qualified auto accident attorney.
