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  1. #1
    Join Date
    Aug 2008
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    Default T-Intersection With No Stop Sign, Lights or Warning

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

    My car was driving slowly north toward a T - intersection. It was dark, and I could not see where the side road I was driving on ended. There was no visible street sign. There was no STOP sign. There was no white line painted on my road. There were no reflectors. There was no flashing light. There was no sign on the road I was driving indicating that I was approaching an intersection. I thought the road I was driving on was continuing straight. When I saw the intersection, I pushed hard on the brakes, and my car skidded and hit the other car perpendiculary on the driver's side. The other car had been heading west on the main road. What is the fault situation when there are no warning signs or signals to help aid the driver? Thank you.

  2. #2
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    Default Re: T-Intersection With No Stop Sign, Lights or Warning

    The other driver had right of way, so the presumption will be that you're at fault. You can try arguing to the court and/or insurance company that the condition of the intersection mitigates your responsibility for the accident.

  3. #3
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    Default Re: T-Intersection With No Stop Sign, Lights or Warning

    Thank you for your reply.

  4. #4
    Join Date
    Jun 2008
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    273

    Default Re: T-Intersection With No Stop Sign, Lights or Warning

    Quote Quoting Millie
    View Post
    My question involves a traffic accident in the State of: Massachusetts

    My car was driving slowly north toward a T - intersection. It was dark, and I could not see where the side road I was driving on ended. There was no visible street sign. There was no STOP sign. There was no white line painted on my road. There were no reflectors. There was no flashing light. There was no sign on the road I was driving indicating that I was approaching an intersection. I thought the road I was driving on was continuing straight. When I saw the intersection, I pushed hard on the brakes, and my car skidded and hit the other car perpendiculary on the driver's side. The other car had been heading west on the main road. What is the fault situation when there are no warning signs or signals to help aid the driver? Thank you.
    Go back to the scene and retrace your steps. Check again to see if there are any warning signs. If none, the photograph/videotape to prove that there are no warning signs.

    Not sure if it would help much, though, as you are required to drive at a speed that allows you to stop within the distance you can see.

    I suspect you may find there *are* signs but you missed them first time. This is not meant as an insult... I myself drove the same stretch of road every day for 4 years and often wondered what the speed limit was. Then one day I resolved to find the speed limit sign. There it was, in amongst about 8 or 9 other signs and right after a tight/sharp turn. When I make the turn my attention is focused so much on lane position / other cars that I just never noticed it before. I knew all the signs more than 50' past the intersection - just the amount of information that the driver has to assimilate in that couple of seconds was a little too much.

    There is precendent for this... I saw a TV show abotu driving safety that told the story of person who got a ticket for a prohibited right-on-red. She won her case because pictures showed that there were dozens of signs at the intersection - and an expert testified that it takes between 1 and 2 seconds to notice, focus on, read, comprehend and react to each sign. The judge agreed that it was unreasonable to expect ever driver to pause in the intersection for 60 seonds to read all the signs.

  5. #5
    Join Date
    Aug 2008
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    4

    Default Re: T-Intersection With No Stop Sign, Lights or Warning

    I did indeed go back, and I drove around the accident site during the day time and night time. I also took several pictures of the unmarked intersection. There are absolutely no stop signs, warning signs, painted road lines, reflectors, lights or speed limit signs on the road I was driving on. Before the accident, I was driving slowly and deliberately looking for the intersection. I also noticied that the side-road (I was driving on) approaching the intersection does appear to continue straight through; appearing that there is no T-intersection. The driver can't see the intersection until he is on top of the corner. Although, you can see intersection better during the day time. I wonder if there might be some road design defect. If a driver is not familiar with the intersection/neighborhood, an accident can easily happen here - especially in the dark. Since this accident, I have noticed that the roads/neighborhood/town I typically drive are well marked with warning signs, reflectors, lights, etc. (even the side-roads are well marked). My town even has warning signs to tell the driver that a STOP sign is forthcoming! I reside in a state that boarders another state where my accident occurred. I now see that the road markings/warnings are extremely different between the two states. I have become used to/dependent on road warning signs to safely mark my way, and my neighbor state simply does not provide this valuable driving assistance.

  6. #6
    Join Date
    Jun 2008
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    273

    Default Re: T-Intersection With No Stop Sign, Lights or Warning

    Quote Quoting Millie
    View Post
    I did indeed go back, and I drove around the accident site during the day time and night time. I also took several pictures of the unmarked intersection. There are absolutely no stop signs, warning signs, painted road lines, reflectors, lights or speed limit signs on the road I was driving on. Before the accident, I was driving slowly and deliberately looking for the intersection. I also noticied that the side-road (I was driving on) approaching the intersection does appear to continue straight through; appearing that there is no T-intersection. The driver can't see the intersection until he is on top of the corner. Although, you can see intersection better during the day time. I wonder if there might be some road design defect. If a driver is not familiar with the intersection/neighborhood, an accident can easily happen here - especially in the dark. Since this accident, I have noticed that the roads/neighborhood/town I typically drive are well marked with warning signs, reflectors, lights, etc. (even the side-roads are well marked). My town even has warning signs to tell the driver that a STOP sign is forthcoming! I reside in a state that boarders another state where my accident occurred. I now see that the road markings/warnings are extremely different between the two states. I have become used to/dependent on road warning signs to safely mark my way, and my neighbor state simply does not provide this valuable driving assistance.

    Your pictures and video could be very valuable. Your insurance company may choose to argue that the accident was caused by a road defect if the intersection was not marked in any way. If they are successful in arguing this then the other party won't be able to collect from you. Might be worth making sure you have a video of what the intersection looks like from teh car's perspective when approached at night. Have a friend hold the camera!

    I don't see any way you can collect from the other car, though, if they didn't break any laws.

    In general, just because two cars crash doesn't mean that one or both cars is/are always "at fault". For example, an unexpected brake failure may cause the driver to crash, but if the car was maintained correctly then it will likely be held that there is no negligence on the part of the driver or owner. If the Judge agrees there there is no negligence, then there is no liability.

  7. #7
    Join Date
    Aug 2008
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    4

    Default Re: T-Intersection With No Stop Sign, Lights or Warning

    Thank you for your thoughts. We'll see what happens.

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