How Can I Prove Fault in a Right-Of-Way Dispute?

May 31, 2022
Chester County Car Accident Lawyers at Eckell Sparks Represent Clients Involved in Right-Of-Way Accidents.

Understanding who has the right-of-way can sometimes be difficult. You must know the right-of-way driving laws and what you need to prove in a case should you become injured in a car accident. Proving fault in any case can be difficult, but right-of-way cases are often tumultuous.

As with any car accident, you should collect the other driver’s information, including insurance, driver’s license, and phone number. Call the police to report the accident, and obtain the police report. You should also write a detailed explanation of what happened and take pictures. If there are any witnesses, collect their information as well. It is wise to have a witness who can corroborate your account.

Know the Right-Of-Way

When at intersections, follow the traffic lights. Be careful when emergency vehicles are making their way through the intersection. They have the right-of-way as long as they correctly use their emergency signals and are approaching with caution.

Before turning right on red, carefully check vehicles traveling through an intersection with a green light; they have the right-of-way. Also, check to see if there is a No Turn On Red sign before proceeding.

When driving around schools or public areas, be on the lookout for school buses and pedestrian crossings; you must yield. Always yield to pedestrians.

When entering an intersection, yield to cars going straight on either road before turning left or right. Pay attention to the cars when arriving at an intersection. If you arrive at the same time as another vehicle, yield to the vehicle on your right.

Comparative Negligence in Pennsylvania

Not properly yielding to another vehicle is a violation of the law. Failure to yield, if proven, establishes negligence in a car accident case.

Pennsylvania applies the comparative negligence rule. This means that the plaintiff’s percentage of fault will affect their total compensation award. The plaintiff must be less than 51 percent at fault to be eligible to collect damages.

Auto Insurance in Pennsylvania

Pennsylvania is a no-fault insurance state, carrying either limited tort or full tort. When someone is injured in an accident, their medical costs are paid by their insurer, regardless of fault. Limited tort and full tort will affect your ability to pursue costs beyond medical expenses. People with full tort coverage can sue for pain and suffering.

When an accident causes a catastrophic injury, a person is eligible to sue the at-fault party for damages that extend beyond their policy and/or non-economic damages. A lawyer will be able to determine if you are entitled to compensation.

Chester County Car Accident Lawyers at Eckell Sparks Represent Clients Involved in Right-Of-Way Accidents

If you have been involved in a serious right-of-way accident and need a lawyer, speak with one of our Chester County car accident lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. Call us at 610-565-3701 or contact us online to schedule an initial consultation. Located in Media and West Chester, Pennsylvania, we proudly serve the communities of Delaware County, Chester County, and Montgomery County.