Getting hurt because of the negligence of another can qualify a victim to sue for injury in Pennsylvania. This includes instances of accidents caused by failure to yield.
If you were injured because another driver failed to yield to your right of way in Pennsylvania, your ability to sue will be determined by your insurance coverage. Victims with full tort insurance can always sue, and victims with limited tort insurance can only sue for non-economic damages if their injuries are serious enough. A failure to yield accident might happen when a driver blatantly ignores a yield sign or acts recklessly and fails to yield when necessary, even if a yield sign is not present. These types of accidents can be catastrophic since they often happen on highways or near crosswalks involving pedestrians.
To get your case assessed for free by our Philadelphia car accident lawyers, call The Reiff Law Firm now at (215) 709-6940.
Can You Sue if You Were Injured Because Another Driver Failed to Yield in Pennsylvania?
Suing following any type of car accident in Pennsylvania depends on the type of insurance a victim has or is otherwise covered by. This includes accidents caused by a negligent driver that failed to yield to a victim’s right of way.
If you were injured as a driver, passenger, bicyclist, or pedestrian because another driver failed to yield to you when you had the right of way, it is important that you go to the hospital immediately. This will allow our Chester County, PA car accident lawyers to review your medical records and determine whether or not your injuries meet the state’s serious injury threshold and permit you to sue for both economic and non-economic damages. If you have limited tort insurance, you can only bring a claim against a negligent driver for both types of damages if your injuries are severe enough.
If you have purchased full tort insurance in Pennsylvania, you can sue for total compensation, regardless of the severity of your injuries. To recover compensatory damages, you must bring your claim within two years of the accident.
Proving fault in a failure to yield an accident can be challenging. To strengthen your claim, speak with eyewitnesses and ask them to provide statements of what they saw. Taking pictures of the accident location can also show the existence of a yield sign in the area. Additional evidence, such as expert testimony, surveillance camera footage, medical records, and certain aspects of police reports, can also help victims succeed in failure to yield car accident claims in Pennsylvania. Absolutely proving fault is important. Otherwise, the state’s modified comparative fault laws might diminish your recovery.
Examples of Failure to Yield Accidents in Pennsylvania
Anytime a driver ignores a stop sign or a yield sign or ignores traffic laws that dictate when yielding is necessary, regardless of apparent signage, they might cause an accident in Pennsylvania.
Yield signs are often placed on highway entryways when one lane is merging into another. In these instances, the drivers traveling on the highway have the right of way, and those merging from the auxiliary road or entrance ramp must yield and wait to merge until there is a break in traffic. Essentially, if a driver has a yield sign, they do not have the right of way.
Although yield signs are not always present in all situations, they are sometimes implied. For example, if one driver is in an intersection, those approaching the same intersection must yield so as not to cause a collision. Furthermore, drivers must yield to police cars and ambulances responding to an emergency in Pennsylvania. Failure to do so might result in a severe accident.
There are other instances when failure to yield could cause a crash that injures victims in Pennsylvania. For example, drivers must yield to pedestrians in crosswalks, and might cause severe accidents if they do not. If you are unsure whether or not your recent incident makes you entitled to recover damages, consult our attorneys, as our lawyers can review your case and confirm who is at fault.
Drivers might fail to yield because they are intentionally ignoring traffic rules or because they are acting negligently. When drivers are under the influence of drugs or alcohol, they are less likely to respond to yield signs and might strike pedestrians in crosswalks or negligently merge into highways at high speeds.
Common Injuries Caused by Another Driver Failing to Yield in Pennsylvania
Accidents caused by a driver’s failure to yield can be severe, as these accidents often happen on highways where merging occurs. Because of that, the negligent driver and the victim might both be injured in these types of accidents.
A person driving on a highway that is then struck by another driver who failed to yield when merging might be pushed into other lanes, resulting in a multi-car accident in Pennsylvania. Entering a highway is often done at high speeds, increasing the likelihood of a serious collision.
Passengers struck by merging cars might be more likely to be injured. Injuries might include severe head trauma or other life-threatening injuries if a victim’s vehicle does not have side airbags. Because of the nature of impact during a failure-to-yield accident, negligent drivers might also be seriously injured.
Failing to yield to pedestrians in a crosswalk could result in a fatal accident, depending on the speeds with which a driver is traveling. In such instances, victims might sustain broken bones, spinal cord injuries, traumatic brain injuries, and other devastating injuries in Pennsylvania. Typically, these types of injuries qualify as serious and allow a victim to sue for non-economic damages, even if they have limited tort insurance coverage.
Call Our Pennsylvania Lawyers About Your Car Accident Case
Call (215) 709-6940 to schedule a free case assessment with the Doylestown, PA car accident lawyers at The Reiff Law Firm.
