Legal Question in Traffic Law in Pennsylvania

Who is to blame?

My daughter was traveling on a two lane roadway. She was passing a vehicle in a passing lane that came to an end. She could still see fir approximately � mile and continued to pass. A short distance later a vehicle from a side �secondary� road with a stop sign made a right hand turn hitting my daughters vehicle on the drivers side. I don�t dispute her being in a non passing lane, I believe that the other driver had a greater responsibility in entering the intersection prior to ensuring it was safe to proceed. The other driver stated that they had looked to the right and left prior to pulling forward which is very difficult to believe. Who is the negligent party?


Asked on 10/14/04, 6:48 pm

1 Answer from Attorneys
Michael Mullen Fine & Staud

Re: Who is to blame?

It appears from first reading that the other driver is more negligent than your daughter. Pennsylvania is a "comparative negligence" state which means that your daughter may collect if she was injured even though she is negligent as long as she is not greater than 50% negligent. There is also the limited vs. full tort issue that comes into play. If your daughter has insurance, then her insurance would pay her medicals up to the first $5,000. If she is not at fault, her insurance premiums would not be affected. I would be more than pleased to discuss this with you in greater detail. This is just a snapshot of what needs to be discussed. Remember the 2 year statute of limitations! I offer free consultations.

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Answered on 10/15/04, 9:02 am


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