Legal Question in Traffic Law in Pennsylvania

Stop sign - accident

I was pulling from a stop sign (going straight through an intersection) -when the back end of my car was clipped by a car coming from my right side. I was 90% through the intersection & she was talking on her cell phone, going pretty fast, didn't see me pull out & never hit her breaks. Now I am being told it is MY fault since I was pulling through the stop sign. Any way around this? The girl was CLEARLY not paying attention. A slight tap on her breaks would have prevented the whole thing.

Asked on 8/30/07, 5:48 am

2 Answers from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Stop sign - accident

You asked about skating on an accident.

Just from the info you provided it sounds like you had a duty because you had a stop sign and she didn't. That doesn't absolve her but almost nothing you state absolves you.

If you're just complaining about the ticket and nothing else, shut up and be glad you are just getting a ticket. If you are asking about liability for injuries and damages then you have a tougher road.

There is a duty called last clear chance. This may apply. If applicable it wouldn't remove the fact that you were in the wrong, but would mitigate damages where she "had the last clear chance" to avoid the accident and a duty to drive with all due care and attention.

You're going to take some lumps on this but shouldn't bear all the burden. My guess though is that you thought you could handle this yourself and you've already given statement(s) to the insurance representative(s).

Hire a lawyer and hope s/he can bail this mess out.



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Answered on 8/30/07, 8:49 am
Daniel Cevallos Cevallos & Wong, LLP

Re: Stop sign - accident

You should contact our offices at your earliest convenience for a free consultation. Feel free to e-mail me directly or call at 267.639.3105.

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Answered on 8/30/07, 10:26 am

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