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  1. #1
    Join Date
    Jun 2008
    Posts
    4

    Default Accident Between Turning Vehicles and Right of Way

    My question involves a traffic accident in the State of: Pennsylvania

    My friend is driving north and stops at a stop sign; he wants to turn right. Another driver approaches from the east and wants to turn left onto the street my friend is on. There is no stop sign on the road the other driver is on. Did my friend have to yield the right-of-way to the other driver, or could he have turned right after he stopped?

    My friend had an accident under the above circumstances. At the scene of the accident, the other driver cut the turn too short and hit my friend. The other driver admitted that she had a blind spot and did not see my friend as she made the turn. My friend called the police and waited nearly 30 minutes (we live in a small, rural town), but no one showed up. Therefore, no police report was filed . The two exchanged insurance information. Now the other driver is claiming that my friend didn't yield the right-of-way, and her insurance won't cover the damages. Is this right? I have included a diagram to illustrate the situation http://img382.imageshack.us/img382/4...tuationol0.jpg

    Thank you.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    12,147

    Default Re: Who Is At Fault (Right-of-way)

    The vehicle without the stop had the right of way. The vehicle WITH the stop sign would be required to yield until the cross traffic was clear - even if the cross traffic vehicle was making a left hand turn.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  3. #3
    Join Date
    Jan 2007
    Posts
    189

    Default Re: Who Is At Fault (Right-of-way)

    Quote Quoting GreenHaven
    View Post
    My question involves a traffic accident in the State of: Pennsylvania

    My friend is driving north and stops at a stop sign; he wants to turn right. Another driver approaches from the east and wants to turn left onto the street my friend is on. There is no stop sign on the road the other driver is on. Did my friend have to yield the right-of-way to the other driver, or could he have turned right after he stopped?
    Yes .. the driver without limitation on the lane of travel has the right-of-way over the person with the stop sign.
    You have no constitutional right not to be offended.

  4. #4
    Join Date
    Jun 2008
    Posts
    4

    Default Re: Accident Between Turning Vehicles and Right of Way

    I guess this just seems rather ridiculous because the lady admitted it was her fault but has now changed her story. I'm rather surprised that one would have to yield the right-of-way when there is really no conflicting traffic (at least there wasn't until the other driver cut the turn too short).

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    12,147

    Default Re: Accident Between Turning Vehicles and Right of Way

    Insurance companies can assign fault as they see fit. So, they don't need to adhere to the law enforcement determination even if the police found that the turning vehicle was partially to blame.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  6. #6
    Join Date
    Jun 2008
    Posts
    4

    Default Re: Accident Between Turning Vehicles and Right of Way

    Unfortunately, no police report was filed. The other driver's insurance company says it cannot cover the damages because there are conflicting stories.

  7. #7
    Join Date
    Jun 2008
    Posts
    4

    Default Re: Accident Between Turning Vehicles and Right of Way

    Is there no use in him contesting this?

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