Keeping the roadways as safe as possible requires every driver to know and observe the conventions and rules regarding right of ways. When drivers proceed when another vehicle has the right of way, accidents happen.
If you were in a motor vehicle wreck because another driver did not respect your right of way, you could hold the negligent driver responsible for your injuries with the help of an experienced auto collision attorney. A Johnstown failure to yield accident lawyer could explain your legal options and help you collect damages to cover your losses.
Every driver must learn the right of way rules before they get a license, but many drivers seem to forget them once they get behind the wheel. Others might be in a hurry or fail to see a vehicle with the right of way. Some drivers habitually drive aggressively, putting others at risk.
Whatever a driver’s excuse for failing to yield, the law dictates how drivers must handle the right of way when merging or at intersections. For example, 75 P.S. §3323 requires drivers to yield when:
In addition, drivers must come to a complete stop at all stop signs. If they approach an intersection when the light is yellow, they must slow and stop if they cannot traverse the intersection before the light turns red. A seasoned Johnstown lawyer could review witness statements, surveillance or dash cam footage, police reports, and other evidence to determine whether a driver failed to yield and was at fault in an accident.
Anyone injured when another driver failed to yield could pursue the driver for damages, but must prove the driver was negligent. Negligence means not using the degree of care a reasonably cautious person would have used in similar circumstances. In Pennsylvania, the negligent driver is usually at-fault in a crash.
If the police cited the driver for a failure to yield, the citation can be used as proof of negligence. If the driver did not get a ticket, the injured person must submit evidence showing that the driver did not yield when required to do so and caused the wreck through that failure.
Someone injured in a failure to yield accident in Johnstown must submit a claim to his or her PIP carrier, which pays for accident-related medical bills, regardless of who was at-fault. If the PIP coverage limits are insufficient to cover the driver’s losses, he or she could seek reimbursement of additional medical costs and from the negligent driver. In some cases, the injured person also could seek compensation for his or her pain and suffering.
Losses with a readily determinable value—like lost wages or medical expenses—are called economic damages. Anyone who suffered losses in a car crash could sue the at-fault driver for economic damages. In certain situations, auto wreck victims may have a right to seek non-economic damages, which is compensation for:
Under the Commonwealth’s system, drivers who bought full tort insurance coverage may sue an at-fault driver for his or her non-economic damages. However, drivers with limited tort coverage may not collect compensation for his or her non-economic damages unless an exception applies. The law allows someone with limited tort coverage to bring a lawsuit seeking non-economic damages if the:
The serious injury exception applies to people who sustained an injury that might have been fatal and left him or her with permanent disfigurement or impaired bodily function. A failure to yield accident lawyer in Johnstown could introduce medical records and expert medical testimony to establish that a person’s injury meets the legal definition of serious, allowing him or her to seek non-economic damages.
A driver who causes a failure to yield accident should be held accountable for the injuries and other losses he or she caused. A diligent legal professional could help a crash victim pursue damages from the negligent driver.
The car accident liability system in the state of Pennsylvania is complicated. Trying to navigate it without legal counsel is foolhardy and could cost you in the long run. Get a loyal advocate on your side by reaching out to a Johnstown failure to yield accident lawyer at Marcus & Mack today.
