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What constitutes forfeit of right of way?my girlfriend was in an accident,she was pulling right out of an alley. A truck came over the hill and struck her car. She could not see him over the hill when she pulled out. The cops cited the driver for reckless driving based on 65 feet of skid marks he left in a 25 mph zone. Is there such a thing as forfeiting the right of way if you are speeding or recklessly driving (cited). I have heard mention of this, but don't know if it just pertains to certain state laws. I live in Pennsylvania. Any one know if there is such a law in PA? Attorney answers (2)
Reputation Level 12
Answered over 2 years ago.
Family Law Attorney in Hollidaysburg, PA.
The following is not intended as legal advice, just a few informal comments.
Although I wouldn't phrase it in those terms, it appears that the truck was at fault in causing the accident.The skid marks prove that he was going very fast - certainly a lot more than the speed limit. Having the right of way doesn't mean that he is allowed to drive too fast, or recklessly. Since she could not see him when she pulled out, she could not have yielded the right of way. She was required to yield to any vehicle she could see, but is not expected to have superpowers. 1 person marked this answer as good
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Reputation Level 10
Answered over 2 years ago.
Workers' Compensation Lawyer in Havertown, PA.
The advice above is dead on. The truck did not have the right of way if your girlfriend was already entering the intersection, properly and cautiously, when he came over the hill approaching the intersection. If you want to research the language of the law, start with the PA Motor Vehicle code, available on line. Start here: http://www.dmv.state.pa.us/pdotforms/vehicle_co...
Good luck to you. 1 person marked this answer as good
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