Automobile accidents are relatively simple from a legal perspective. Typically, it is a matter of determining who had the right of way at the time of the accident and both Pennsylvania and New Jersey provide detailed statutes regarding this issue.

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In certain instances, liability is clear. For example, liability is clear where you are rear ended or if you are traveling straight in a lane and someone traveling in the opposite direction makes a left hand turn into you. Where it is not so easy is where both drivers claim that they were firmly established and that the other driver failed to yield the right of way. For example, if an accident happens as you enter an intersection, while the other person is attempting to make a left turn, the question becomes who entered the intersection first and whether the other party could have avoided the accident. Almost always then, who had the right of way depends upon the credibility of the witnesses and a review of the evidence available.

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An important thing to keep in mind is that simply because you have the right of way does not mean that you can drive into a vehicle that has failed to yield that right of way. The law requires that if you can avoid the accident, you must avoid it. If you fail to do so, you may be the one found negligent.