Legal Question in Traffic Law in Pennsylvania

Hit & Run Inquiry

I was involved in an auto accident as I was merging left onto an expressway. A lexus following me made a daring attempt to pass me at the merge point. I delayed my move to allow another car on my left to advance ahead of me. The lexus following me used the situation that I was in to move to the left first, hit the accelerator and basically, cut me off. After the collision with the lexus, the driver stopped briefly, then fled the scene without providing me with detailed information. In spite of my statement to his insurance company, they claimed that the lexus had the right-of-way, and I merged into him. Is this claim legitimate? When did autos following you have the right-of-way? Does that fact he fled the scene have any relevance to the claim?


Asked on 10/02/06, 8:39 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Hit & Run Inquiry

You asked about an accident where a driver passed and then merged.

You have not provided enough information for anybody to make a determination. Were the police called to the scene? Was a report made to the police?

If police weren't called to the scene then technically both vehicles fled, and you cannot prove that the other fled first without a corroborating witness. If there was no investigation or report made of the accident then it is a matter of he said, she said. The insurance company has no reason to believe your word more than its own client and in fact has a financial incentive not to disblieve its client.

In order to prevail you would need to sue and prove that you were in the right when the accident occurred and that you were injured by the negligence of the other party. Can you do that?

You should contact an attorney local to you and see if s/he is interested in prosecuting this matter for you.

Regards,

Roger Traversa

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Answered on 10/03/06, 10:45 am


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