Disclaimer: This article does not provide legal advice. It is for informational purposes only.
Detailed Answer
Elements of Negligence
To prove another motorist’s negligence under Pennsylvania law, you must establish four elements by a preponderance of the evidence:
- Duty: All drivers owe a duty to obey traffic laws and drive safely.
- Breach: The other driver violated that duty by disobeying signals, speeding, or driving carelessly.
- Causation: The breach directly caused the collision at the signal or exit.
- Damages: You suffered actual harm, such as physical injury or property damage.
Statutory Duties at Signals and Exits
Pennsylvania law requires drivers to stop for red lights and yield when turning:
- 75 Pa.C.S. §3325 (Traffic-control signals).
- 75 Pa.C.S. §3322 (Who must yield to avoid collision).
Key Evidence to Gather
- Photographs and Videos: Capture skid marks, vehicle positions, signal indications, and roadway conditions.
- Traffic and Surveillance Footage: Request signal-camera or nearby business surveillance recordings to document signal phases and movements.
- Police Report: Obtain the official collision report. Officers often note signal status, estimated speeds, and witness contacts.
- Eyewitness Statements: Collect signed statements from bystanders or other motorists present.
- Event Data Recorder (EDR): Retrieve the “black box” data showing speed, braking, and steering inputs at impact.
- Expert Reconstructionist Reports: A qualified accident reconstructionist can analyze evidence under Pa.R.E. 702 and recreate the sequence of events.
- Signal Timing Logs: Request timing and programming records from the municipal or state traffic engineering department.
- Electronic Records: Mobile-phone usage logs or GPS data may show distraction or exact location at the time of collision.
Helpful Hints
- Preserve all physical evidence, including debris and traffic-control devices, until experts inspect it.
- Take comprehensive photos immediately after the crash before vehicles move.
- Obtain witness contact information at the scene to secure testimony.
- Consult a qualified attorney early to guide evidence collection and protect your rights.
- Request government records promptly, as agencies may purge old data on a regular schedule.