Legal Question in Personal Injury in Pennsylvania

I was involved in an auto accident and sited due to duties at a stop sign.But the stop sign was TOTALLY ubstructed by a rig that was parked completly to corner where the stop sign was posted.i am appealing it due to i believe that it was the owner of the trucks fault due to how and where he was parked.I believe the officer on the scene told me he was going to site the driver.My question is i had the full torte option on my auto insurance so if i sue the driver of the rig due to worsening my PSTD and an exisiting neck injury that i had extensive surgery on july of 08 do i have a case?? Thank you.


Asked on 1/01/10, 10:33 am

1 Answer from Attorneys
Terrence Valko ERISA Disability Lawyer

Yes. You have a case to counter sue the driver who sued you. Much more importantly, you may offensively and defensively implead the big rig owner. He has the best insurance policy of the three automobiles involved; I assure you.

By your factual recitation, the rig owner caused the accident by violating the Commonwealth Statute concerning parking close to stop signs. Good lawyers call this, "Negligence per se" insofar as it relates to the eventual Civil Case you and your lawyer pursue. The concept does not relate to the Citation which you will separately seek to defeat.

It is far better that you prevail at the Magistrate level on the Citation than just ignore it or meekly protest. Perhaps your Counsel can do a little Traffic Court on top of the Motor Vehicle Finanical Responsibility Act work. De-emphasize the PTSD and emphasize how the accleration-deceleration injury negated the previous healing done on your neck. Get better soon, and seek Counsel who will take your case on a contingent fee.

Good Luck.

TV

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Answered on 1/13/10, 5:05 pm


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