Failure to yield car accidents in Pennsylvania occur when a driver fails to give the right-of-way to another vehicle, pedestrian, or emergency vehicle as required by state traffic laws.
These accidents commonly happen at intersections, during left turns, when merging onto highways, or at pedestrian crosswalks, and they often result in serious injuries due to the unexpected nature of the collision.
Under Pennsylvania law, violating right-of-way rules creates strong evidence of negligence, making the at-fault driver liable for damages under the state’s comparative fault system.
What Is Failure To Yield In Pennsylvania
Yielding means you must slow down or stop to allow another vehicle or pedestrian to proceed when they have the legal right-of-way.
Pennsylvania Statutes Title 75 Pa.C.S.A. Vehicles § 3323 spells out exactly when drivers must yield. When someone violates these safety laws and causes an accident, it can establish legal fault automatically.
Uncontrolled Intersections
Uncontrolled intersections have no traffic lights, stop signs, or other devices to direct traffic flow. When two vehicles approach from different directions at roughly the same time, the driver on the left must yield to the driver on the right.
You should always slow down and use extra caution at these intersections, especially where buildings or vegetation block your view of cross traffic.
Stop Signs And Yield Signs
These two types of signs require different actions from you, even though both control right-of-way.
- Stop signs: You must come to a complete stop behind the line, crosswalk, or before entering the intersection, then proceed only when safe.
- Yield signs: You must slow to a reasonable speed and stop if necessary to give right-of-way to vehicles already in or approaching the intersection.
If you pass a yield sign and then get into a crash, the accident itself serves as Prima facie evidence that you failed to yield properly. This means the crash is considered proof on its face that you violated the law.
Left Turns And U-Turns
Left-turning drivers must always yield to oncoming traffic that’s close enough to be dangerous. This rule applies at intersections with or without traffic signals, unless you have a protected green arrow showing.
Misjudging the speed or distance of oncoming vehicles is one of the most common causes of failure to yield accidents. The same yielding requirements apply when you’re making a U-turn at an intersection.
Merging And Entering Roadways
The responsibility for finding a safe gap falls entirely on the driver entering the roadway. Highway merging requires you to yield to traffic already on the main road, while entering from driveways or parking lots means yielding to all approaching traffic.
These situations frequently lead to sideswipe accidents and multi-car collisions when drivers try to force their way into traffic instead of waiting for a safe opening.
Pedestrian Crosswalks
You must yield to pedestrians in both marked crosswalks and ‘unmarked crosswalks’, which are the imaginary extensions of sidewalks at intersections. This duty exists even if the pedestrian isn’t directly in your path yet.
Failure to yield to pedestrian violations are especially serious because they often result in severe injuries or death due to the vulnerability of people on foot.
Emergency Vehicles And School Buses
Pennsylvania has strict requirements for these special situations:
- Emergency vehicles: You must move to a non-adjacent lane or slow down significantly when passing emergency response areas with flashing lights.
- School buses: You must stop at least 10 feet distance from a school bus when its red lights are flashing and the stop arm is extended; this applies to traffic in both directions unless a physical highway divider separates the lanes.
Violations in these cases carry heavy fines and create strong evidence of fault if an accident occurs.
Who Is At Fault In A Failure To Yield Crash
Determining fault after a failure to yield accident can be more complex than the traffic laws might suggest. While Pennsylvania’s right-of-way rules seem straightforward, the actual evidence of what happened determines legal responsibility.
Even if you believe you share some blame for the accident, you may still recover compensation under Pennsylvania’s comparative negligence laws.
Does A Ticket Prove Negligence
A traffic citation for failing to yield can help support a negligence claim, but it alone does not guarantee a successful injury case. When the other driver pays the fine or gets convicted in traffic court, it serves as an admission that helps prove fault in your civil claim.
However, you still need to show that the violation directly caused your specific injuries and damages. Insurance companies often accept liability when there’s a clear failure to yield citation, but they may still dispute the extent of your injuries or try to shift blame unfairly to you.
What If Both Drivers Share Fault
Pennsylvania follows a ‘modified comparative negligence’ rule for accidents where multiple people bear responsibility. You may still be able to recover damages depending on how fault is apportioned under Pennsylvania law.
Your compensation gets reduced by your exact percentage of fault. For example, if you have $100,000 in damages but are 40% at fault, you’d receive $60,000.
If you’re found 51% or more at fault, you cannot recover any compensation from the other parties. Insurance adjusters often try to pin excessive blame on victims to reduce their company’s payout obligations.
Evidence That Proves Failure To Yield
Winning your case requires proving liability with concrete evidence beyond just your word against the other driver’s account. The most critical evidence often disappears quickly after an accident, making fast action essential to preserve what you need.
Police Report And Citations
Always call police for any injury accident and obtain the report number for your records. The official police report contains several key pieces of information:
- Traffic violations: Any citations issued, such as failure to yield tickets
- Accident diagram: Officer’s drawing showing vehicle positions and crash sequence
- Witness information: Names and contact details of people who saw the accident
- Contributing factors: Notes about weather, road conditions, or driver behavior
Any failure to yield citation listed in the report significantly strengthens your negligence claim.
Video And Dashcams
Video footage provides objective evidence that’s difficult to dispute in court. Potential sources include traffic cameras, business security systems, doorbell cameras, and dashcams from your vehicle or others nearby.
Many recording systems automatically overwrite footage within days or weeks. We immediately send preservation letters to prevent this valuable evidence from being lost forever.
Witnesses And Scene Photos
Independent witnesses can corroborate your version of events and counter the other driver’s claims. Get the full name and phone number of anyone who witnessed the crash, along with a brief statement of what they observed.
Take comprehensive photos of everything at the scene, including traffic signals, signs, vehicle damage, skid marks, debris, road conditions, and any visible injuries you sustained.
Vehicle Data And Reconstruction
Modern cars have Event Data Recorders (EDRs) that work like “black boxes,” recording speed, braking, steering, and other data seconds before impact. Accident reconstruction experts use this information plus physical evidence to scientifically prove how the crash happened.
This technical analysis is especially valuable in disputed cases where both drivers claim they had the right-of-way.
Insurance And Tort Options In Pennsylvania
Pennsylvania’s unique Choice no-fault system affects what compensation you can seek after a failure-to-yield accident. The insurance choices you made when buying coverage now determine your legal rights and available remedies.
Limited Tort And Full Tort
When purchasing auto insurance in Pennsylvania, you must choose between two options that control your right to sue for damages:
- Full tort coverage: Allows lawsuits for all economic and non-economic damages without restrictions, including full compensation for pain and suffering, but costs more in premiums.
- Limited tort coverage: Respects pain and suffering claims unless you meet “serious injury” exceptions, saves money on premiums but limits your recovery rights.
The “serious injury” threshold includes death, serious impairment of body function, or permanent disfigurement.
No-Fault PIP Benefits
Personal Injury Protection (PIP) coverage pays medical bills and sometimes lost wages regardless of who caused the accident. Pennsylvania requires minimum coverage of $5,000, though you may have purchased higher limits.
PIP provides quick payment for immediate medical care, but the low limits get exhausted rapidly in serious injury cases. You’ll need to coordinate PIP benefits with liability claims to maximize your total recovery.
What To Do After A Failure To Yield Crash
The actions you take immediately after a failure to yield accident can significantly impact both your health and your legal rights. Following the right steps protects your ability to recover full compensation for your injuries and losses.
Medical Care And Documentation
Seek medical attention immediately, even if you feel fine after the crash. Adrenaline masks injury symptoms, and conditions like whiplash or internal bleeding may not show up for hours or days.
Getting prompt medical care creates a crucial record linking your injuries directly to the accident. Keep detailed files of all medical bills, treatment records, test results, and maintain a daily journal documenting your symptoms and limitations.
Reporting And Preserving Evidence
Pennsylvania law requires reporting any accident involving injury, death, or property damage exceeding $1,000. If police don’t respond to the scene, you have five days to file a written report with authorities.
Document everything while memories are fresh, including taking photos, getting witness contact information, and writing down exactly what happened. Back up phone photos and keep original copies of all accident-related documents.
Dealing With Insurers
Be extremely cautious when the at-fault driver’s insurance company contacts you. Adjusters work to minimize their company’s financial exposure, not to help you get fair compensation.
- Avoid recorded statements: Don’t give one to the other driver’s insurer without legal advice first
- Reject quick settlement offers: These are typically far below your claim’s actual value
- Don’t minimize injuries: Adjusters may use your words against you later to reduce or deny your claim
Once you have legal representation, your attorney handles all insurance company communications to protect your interests.
Act Fast Deadlines Apply To Injury Claims
Pennsylvania’s statute of limitations gives you two years from the accident date to file a personal injury lawsuit. Missing this deadline means losing your right to seek compensation forever, regardless of how strong your case might be.
Some situations have much shorter deadlines, making it critical to consult with our experienced car accident attorneys. Claims against government entities require six months’ notice, hit-and-run uninsured motorist claims have specific policy deadlines, and critical evidence preservation must happen within days or weeks of the crash.
Waiting too long also risks losing witnesses and evidence, making your case much harder to prove even if you’re still within the legal time limits.
Consult With Our Experienced Pennsylvania Auto Accident Law Firm Today
Handling a failure to yield accident claim while recovering from injuries is overwhelming and puts you at a disadvantage against experienced insurance companies. At Wilk Law Personal Injury & Car Accident Lawyers, we take over every aspect of your case so you can focus on healing.
We immediately investigate your accident, preserve critical evidence before it disappears, and handle all communication with insurance adjusters who try to minimize your claim.
Our experience with failure to yield cases throughout Pennsylvania, including West Chester, Reading, Coatesville, and Pottstown, means we know exactly how to build the strongest possible case for maximum compensation.
We work on a contingency fee basis, which means you pay nothing unless we win your case. Contact us today for a free consultation to learn how we can protect your rights and hold the negligent driver accountable for your injuries.