How Does A Jury Analyze Who Is Responsible For A Collision At A Stop Sign?

by Friedman & Ranzenhofer, PC on January 31, 2011

in Buffalo Car Accidents

Buffalo personal injury attorneys see many cases where automobile accidents occur at intersections.  When two cars collide at an intersection controlled by a stop sign or yield sign, the jury must engage in a two-step analysis to determine who was negligent in causing the accident. 

First, the jury will analyze the actions of the drivers using New York State Vehicle and Traffic law 1172, which sets forth where drivers must stop when a stop sign is present.  It provides that drivers must stop (or, in the case of yield signs, stop when safety requires)at a clearly marked stop line.  If such a line is not present, then drivers shall stop before entering the crosswalk.  If there is no crosswalk, then drivers shall stop at the point nearest the intersecting roadway where the driver has a view of the approaching traffic.  If the driver failed to stop as required, he or she shall be found negligent. 

If the driver did properly stop, then the jury will examine the drivers’ actions using Vehicle and Traffic law section 1142(a). Section 1142(a) requires that after having stopped, a driver must yield the right of way to an approaching vehicle if a collision might occur if he proceeds.  If the driver did not do so, the jury must impart negligence upon that driver. 

If you have suffered a serious personal injury in an automobile accident and have any questions regarding this topic, please feel free to call us at 716-542-5444. 

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