The moments following a car accident are often a blur of confusion, stress, and pain. When the crash was caused by another driver's simple but dangerous mistake—like pulling out in front of you or turning left into your path—the frustration can feel immense. According to the latest data available from the Pennsylvania Department of Transportation (PennDOT), thousands of crashes in 2023 were caused by drivers who failed to clear an intersection properly or made an improper turn. These are not just statistics; they represent real people whose lives were disrupted in an instant because another driver failed to follow basic traffic safety laws.
This preventable negligence is more than just a source of frustration; it is the foundation of your legal right to compensation. In Pennsylvania, these actions fall under specific "failure to yield" laws, and understanding them is the first step toward protecting yourself and your car accident claim. This guide was created to bring you clarity in a difficult time. We will explain Pennsylvania’s right-of-way rules in simple terms and show you how another driver’s failure to yield can be used to prove they are responsible for your injuries, medical bills, and other losses.
Defining Right-of-Way in Pennsylvania
A common misconception is that drivers “have” the right-of-way. In truth, Pennsylvania law frames it as a duty to “yield” the right-of-way. This means a driver is legally required to give precedence to another vehicle or a pedestrian in specific situations to prevent a collision. Proving that the other driver had a duty to yield—and failed to do so—is often the key to winning a car accident case. These rules are outlined in the Pennsylvania Vehicle Code and apply to numerous common driving scenarios.
Navigating Different Types of Intersections
Intersections are primary locations for failure-to-yield accidents. The rules are designed to create a clear and predictable flow of traffic, but one driver’s impatience or inattention can lead to disaster.
- Uncontrolled Intersections: When two vehicles approach an intersection with no traffic signals or stop signs at approximately the same time, the driver on the left must yield to the driver on the right.
- Stop Signs and Yield Signs: A driver approaching a stop sign must come to a complete stop and yield to all cross-traffic before proceeding. A yield sign requires the driver to slow down and yield to any traffic or pedestrians before entering the intersection.
- Left Turns: This kind of violation is one of the most frequent causes of serious accidents. Any driver intending to make a left turn must yield to all oncoming traffic that is close enough to be a hazard. An assumption that you have enough time to “beat” an oncoming car can be a catastrophic and legally indefensible miscalculation.
The Duty to Yield to Pedestrians
Drivers have a heightened responsibility to watch for and yield to pedestrians. Pennsylvania law is clear that a vehicle must yield the right-of-way to a pedestrian crossing the roadway within any marked or unmarked crosswalk at an intersection. This means drivers must be prepared to stop, even if the pedestrian is not yet directly in their path. After an accident, an insurance company cannot successfully argue that a pedestrian was at fault for simply using a crosswalk as intended.
Merging, Changing Lanes, and Entering Roadways
The responsibility for safety falls on the driver making the move. When entering a highway from an on-ramp, the merging driver must yield to traffic already flowing on the main road. Similarly, before changing lanes, a driver must check to ensure the lane is clear and yield to any vehicle already occupying that space. When pulling out from a driveway or private road, a driver must stop and yield to all approaching traffic before entering the public street.
Responding to Emergency Vehicles and School Buses
The rules for yielding to emergency vehicles and school buses are strict and carry significant penalties. Under Pennsylvania’s “Move Over” Law, when you see an emergency vehicle with flashing lights, you must move into a lane that is not adjacent to the vehicle if possible. If you cannot move over, you must slow down. For school buses, drivers in both directions must stop at least 10 feet away when the bus’s red lights are flashing and its stop arm is extended. A violation of these rules is an unambiguous breach of duty and can make proving fault in a subsequent car accident lawsuit much more straightforward.
How a Failure to Yield Violation in PA Impacts Your Car Accident Claim
In the context of a personal injury claim, proving the other driver was at fault requires showing they were negligent. Negligence means they failed to act with reasonable care, and that failure caused your injuries. When a driver violates a traffic safety law, like a failure to yield rule, it can trigger a powerful legal doctrine known as negligence per se.
Negligence per se means the act of breaking the law is, in itself, considered negligent. To use this doctrine in your car accident claim, your attorney must show:
- The other driver violated a Pennsylvania statute (e.g., the law requiring them to yield while turning left).
- You are part of the class of people the statute was designed to protect (i.e., other motorists and pedestrians).
- The accident was the type of harm the statute was designed to prevent (i.e., a collision).
If these elements are met, the question of whether the driver was being careless is already answered. The focus then shifts from proving they were negligent to proving their negligence caused your specific injuries and calculating the damages you are owed.
Using a Traffic Citation to Bolster Your Car Accident Claim
When a police officer responds to the scene of the crash, they will conduct an initial investigation. If they determine one driver violated a right-of-way law, they will likely issue a traffic ticket. This citation and the accompanying police report are formidable pieces of evidence for your car accident claim. The officer’s official conclusion that the other driver failed to yield provides an unbiased, authoritative foundation for your case.
While the ticket itself is not the final word, if the other driver pays the fine or is found guilty in traffic court, it serves as an admission of fault that is very difficult for their car insurance company to dispute.
An Experienced Car Accident Lawyer Gathers More Than a Police Report
Even without a citation, a skilled car accident lawyer can prove a failure to yield occurred. A thorough investigation uncovers evidence that paints a complete picture of the accident for the insurance company or a jury. Such evidence can include:
- Witness Testimony: Statements from other drivers or pedestrians who saw what happened.
- Surveillance Footage: Video from nearby businesses, traffic cameras, or doorbell cameras.
- Dashcam Recordings: Footage from your own vehicle or other vehicles involved.
- Accident Reconstruction: In complex cases, an expert can analyze vehicle damage, skid marks, and other physical evidence to scientifically determine how the crash happened and who had the right-of-way.
This comprehensive evidence-gathering is essential for building a robust claim that can withstand the tactics used by insurance adjusters.
How Pennsylvania’s Comparative Negligence Rule Can Affect Your Car Accident Claim
It is a common strategy for the at-fault driver’s car insurance company to try to shift some of the blame onto you, the victim. They might argue that while their driver failed to yield, you were also partially at fault—perhaps for speeding slightly or not reacting quickly enough. This is done to take advantage of Pennsylvania’s modified comparative negligence rule.
Under this rule, you can still recover damages as long as you are found to be 50% or less at fault for the accident. However, your total compensation award will be reduced by your percentage of fault. For example, if you have $100,000 in damages but are found to be 10% at fault, you can only recover $90,000. If you are found to be 51% or more at fault, you are barred from recovering any compensation at all.
This is why it is so important to have a car accident attorney who can fight back against unfair allegations of shared fault and protect the full value of your claim.
Compensation Available in a Pennsylvania Car Accident Lawsuit
A successful car accident lawsuit can provide compensation for a wide range of losses caused by the crash. These damages are generally categorized into two types:
- Economic Damages: These are the tangible financial losses with clear monetary values. They include medical expenses (both past and future), lost income and wages, diminished earning capacity, and the cost to repair or replace your vehicle.
- Non-Economic Damages: These compensate you for the intangible, personal losses that have no simple price tag. This includes pain and suffering, emotional distress, scarring and disfigurement, and loss of enjoyment of life.
An experienced attorney knows how to properly document and calculate both types of damages to ensure you demand a settlement that fully and fairly reflects everything you have endured.
The Advantage of Hiring a Car Accident Attorney in Your Failure to Yield Case
Navigating the aftermath of a car accident is difficult. While you focus on your physical recovery, a dedicated car accident attorney can handle every aspect of your legal claim. From the initial investigation to negotiating with the car insurance company, your lawyer acts as your advocate, ensuring your rights are protected. They will gather all the necessary evidence to build a powerful case demonstrating the other driver’s failure to yield, counter any attempts to blame you, and fight for the maximum compensation you deserve. If the insurance company refuses to make a fair offer, your attorney will be prepared to file a car accident lawsuit and take your case to court.
Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away
If you or a loved one has been injured in a collision because another driver failed to yield the right-of-way, do not let an insurance company dictate the value of your claim. The legal team at Brandon J. Broderick, Attorney at Law, is ready to help. We understand the complexities of Pennsylvania traffic laws and have a proven track record of holding negligent drivers accountable. Contact us today for a free consultation to discuss your case and learn how we can help you on the road to recovery. We are available to assist you day or night.