QuestionMy 19 year old son was recently involved in an auto accident in Pennsylvania. He was trying to make a left turn onto a 4 lane highway. His view from the stop sign to the left and right were obstructed. He moved forward until his view was clear which put the front end of his car slightly(about 1-2 feet) into the lane of oncoming traffic. Before making the left he looked one more time to his left and saw a car coming. The oncoming car slammed on his brakes and hit my son's car while he was stopped. according to Pennsylvania law my son had the right to pull forward for an unobstructed view but had to yield to oncoming traffic, which he did. The other driver made a statement that he thought my son was going to pull out in front of him so instead of moving into the passing lane he tried to go behind my son's car.
When my son reported the accident to my insurance company he was told that the accident was his fault without seeing the police report or any information other than what was told over the phone. Despite my submission of photos and a copy of PA law the insurance company has claimed it to be his fault.
Do I have any recourse with my insurance company?
AnswerThe spirit of the law that you cited was to clarify a driver's intent in running a stop sign. In other words, if an officer were watching your son at the intersection, he could not ticket him if he first stopped and then rolled forward for a better view.
This however in no way absolved your son from the responsibility of yielding to all other traffic in the lane that he was attempting to enter. If you cannot see if the lane is clear, then you do not enter the lane; period. You have no defense that I can see with the officer's decision or that of the insurance company to accept liability.
Now, depending on what the obstruction was, you may have a case against a property owner or the government responsible for maintaining the intersection in a safe, legal manner.
Good luck.
