Pennsylvania law designates when drivers should yield the right-of-way to other vehicles, bicycles, motorcycles, and pedestrians. Anyone who violates these rules and causes a serious accident may be legally liable for any resulting injuries since their failure to yield would likely be a “breach” of their duty to act responsibly and lawfully behind the wheel.
However, getting the payments you deserve after a failure to yield car accident in Reading can be more challenging than you might think. If you were hurt in this sort of wreck and want to explore your options for civil recovery, speak with the renowned auto accident attorneys at Ostroff Godshall Injury and Accident Lawyers. We will fight like hell for the compensation you need.
Building a Civil Case Around Someone Else’s Failure to Yield
The process of filing a lawsuit—or demanding a third-party settlement—after a failure to yield a car crash in Reading is somewhat easier when the other driver received a ticket for their traffic law violation. If they did, you should be able to find proof of their citation in the police report created by the officer who responded to the crash scene. Then, your Reading lawyer can use that citation as evidence that the other driver was acting irresponsibly, making them civilly liable for the failure to yield collision.
If the driver who hit you was not cited for a failure to yield, you and your local attorney must prove that they were careless in causing your injuries. This may require evidence from various sources, such as:
- Traffic camera and dashcam footage
- Testimony from eyewitnesses (including you and your passengers, the other driver and their passengers, and independent witnesses)
- Photos and videos of the crash scene
- Input from experts in the field of accident reconstruction
Guidance from a seasoned Reading attorney can be vital to building a strong case after a right-of-way accident.
Challenges in the Civil Recovery Process
Support from legal counsel can also be vital to navigating common roadblocks when filing suit over someone else’s failure to yield. For example, 42 Pennsylvania Consolidated Statute §5524 limits you to just two years after the crash to start your lawsuit; filing too late may prevent you from ever getting any civil compensation for your injuries.
Additionally, the person who hit you could accuse you of being partially at fault for causing your own injuries. If the court agrees with them, 42 P.S.A. §7102 allows the court to reduce the total amount of money you are eligible to receive through your case. If you are more than 50% to blame compared to everybody else involved in the wreck, you are prohibited from getting any money. Your Reading lawyer can work tirelessly to ensure you get the compensation you deserve after a failure to yield collision.
Talk to a Reading Attorney About a Failure to Yield Car Accident Claim
Getting the payments you need for losses caused by someone else can be an exceptionally complicated process, even if they were clearly at fault. Having winning legal representation on your side can be crucial to protect your rights and interests after a failure to yield car accident in Reading.
The help you need is available from our team of skilled and respected car accident lawyers. Call Ostroff Godshall Injury and Accident Lawyers today to discuss your options in a free, no-obligation consultation.