Results 1 to 3 of 3

Hybrid View

  1. #1
    Join Date
    Feb 2011
    Posts
    1

    Default Car Accident at a One Way Stop Sign While More Than 75% Through the Intersection

    My question involves a traffic accident in the State of: California.


    I pulled up to a intersection going north at which i had a stop sign, but the east/west traffic did not. I stopped fully looked both way for cars, but there was no movement on the street whatsoever. I proceeded through the intersection and was hit on the tail end of my passenger side (On and behind my wheel). There at first glance seems to be little damage to my car and the other drivers front bumper was scratched and scuffed.

    I realize that it is she, who would have right of way technically being that she had no stop sign. However, I was so far through the intersection and since the point of impact was where it was, shouldn't she have yielded to me? She said she saw me and that she tried to slow down but that her car didn't stop. I however did not see her until she hit my car.

    Is it unreasonable for me to say that I believe it was at least 50% her fault?

  2. #2
    Join Date
    Dec 2010
    Location
    Toledo Ohio
    Posts
    166

    Default Re: Car Accident at a One Way Stop Sign While More Than 75% Through the Intersection

    What I don't understand is you say no cars where there then how did one hit you? Do you think she was speeding so fast that she was not in view when you went through the stop sign and you never had a chance to safely go through the intersection? I would assume there would be more damage then.

    Or the intersection was near a hill or curve where oncoming traffic was practically invisible then they really need a stop sign also.

    Darn, you are the only one with a stop sign. Any chance they had a SS that was knocked over? Something doesn't add up if you can't cross an intersection safely and I'd be quite upset if what you are saying is the whole story.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Car Accident at a One Way Stop Sign While More Than 75% Through the Intersection

    Here is the applicable Vehicle Code section:

    21802. (a) The driver of any vehicle approaching a stop sign at the
    entrance to, or within, an intersection shall stop as required by
    Section 22450. The driver shall then yield the right-of-way to any
    vehicles which have approached from another highway, or which are
    approaching so closely as to constitute an immediate hazard, and
    shall continue to yield the right-of-way to those vehicles until he
    or she can proceed with reasonable safety.

    (b) A driver having yielded as prescribed in subdivision (a) may
    proceed to enter the intersection, and the drivers of all other
    approaching vehicles shall yield the right-of-way to the vehicle
    entering or crossing the intersection.
    (c) This section does not apply where stop signs are erected upon
    all approaches to an intersection.

    It is an arguable presumption that you failed to yield until it was safe to cross.

    Absent a police report, this will be an issue for the two insurance companies to hash out. Even if there IS a police report, the insurers can still apply fault in whatever measure they feel is appropriate. The insurers can divide fault between the two parties, the police report cannot.

    Speed and visibility might play a factor, but if these were straight roadways absent any hills or sharp turns at high speed that would have obstructed your view of oncoming traffic, you may be fighting an uphill battle to argue that the approaching driver shared fault.

    1. Sponsored Links
       

Similar Threads

  1. Lights, Signs and Traffic Controls: Fail to Stop at a Stop Sign in Federal Way, but Intersection Has Stop Line 15 Feet
    By gogodawgs in forum Moving Violations, Parking and Traffic Tickets
    Replies: 13
    Last Post: 05-23-2011, 08:02 AM
  2. Lights, Signs and Traffic Controls: Rolled Though Stop Sign - Ticket Has Wrong Intersection
    By bsacheli in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 04-15-2010, 05:09 PM
  3. Lights, Signs and Traffic Controls: Stop Line at an Intersection, but No Stop Sign is Present
    By Driverman in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 02-08-2010, 08:50 AM
  4. T-Intersection With No Stop Sign, Lights or Warning
    By Millie in forum Moving Violations, Parking and Traffic Tickets
    Replies: 6
    Last Post: 08-11-2008, 04:32 PM
  5. Lights, Signs and Traffic Controls: Green Light at Intersection with Island Stop Sign
    By jakew in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 07-16-2008, 03:23 PM
 
 
Sponsored Links

Legal Help, Information and Resources