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View Full Version : Handling stop sign accidents..


JohnG
11-22-2008, 10:22 AM
If two cars are involved in a low-speed crash at a 4-way stop, and the two drivers start arguing about who stopped first etc, then do you just assume they both are at fault because they both had a chance to avoid the accident?

SgtScott31
11-22-2008, 10:32 AM
If two cars are involved in a low-speed crash at a 4-way stop, and the two drivers start arguing about who stopped first etc, then do you just assume they both are at fault because they both had a chance to avoid the accident?

Yes.

If both feel that they stopped first, then they both proceed to go and neither yields (by either slowing or stopping) to avoid the crash, they are both guilty of failing to yield. Who got there first is irrelevant at this point.

mda
11-22-2008, 01:26 PM
Who's to the right or if face to face, who's turning left.

SgtCHP
11-22-2008, 02:08 PM
The California Drivers Handbook states:

Intersections

An intersection is any place where one line of traffic meets another.

Intersections include cross streets, side streets, alleys, freeway entrances, and any other location where vehicles traveling on different highways or roads join each other.

At intersections without STOP or YIELD signs, slow down and be ready to stop. Yield to vehicles already in the intersection or just entering it. Also, yield to the car which arrives first or to the car on your right if it reaches the intersection at the same time as you do.

At “T” intersections without STOP or YIELD signs, yield to vehicles on the through road. They have the right-of-way.
When you turn left, give the right-of-way to all vehicles approaching you that are close enough to be dangerous. Also, look for motorcyclists, bicyclists, and pedestrians. On divided highways, or highways with several lanes, watch for vehicles coming in any lane you must cross. Turn left only when it is safe.

When there are STOP signs at all corners, stop first, then follow the above rules.

Yield to traffic before entering the road again if you have parked off the road or are leaving a parking lot, etc.


However, there is not an enforceable law to assure that drivers yield to the vehicle on the right - it is simply a recommended courtesy to avoid conflict.

In the case of an accident, because two drivers decided to become aggressive simultaneaously, both should be assigned fault. That is one of those rare incidents where there may not necessarily be a Primary Collision Factor (PCF); but, two contributing (secondary) factors.

ditchdiver56
11-23-2008, 04:45 PM
I think it would depend on where the damage is too. if one car has damage to the front and one has damage on the side, then obviously the one with damage on the side was in the intersection first.

t150vsuptpr
11-24-2008, 12:49 PM
In the case presented if two arriving at angles, if a 4 way stop, both stop and yield. One must go first, so it should be the one who arrived first, but sometimes they arrive at the same time. I always motion the other driver through, even if I was first. Never failed yet.

If no signs, just a crossroads and both arrive together at angles, then it's uncontrolled and the one on the lleft is required to yield to the one on the right.

The one not turning if face to face has the right of way in that case (left turn yields to oncoming traffic).

As to my enforcement at a wreck scene, I never write both just to let a judge decide. Sure, if both are guilty of some violation, not mutually exclusive, then I'll charge both. But if it's just a case of me not being sure which was guilty, I'll cut both loose.

:)

t150vsuptpr
11-24-2008, 01:10 PM
I think it would depend on where the damage is too. if one car has damage to the front and one has damage on the side, then obviously the one with damage on the side was in the intersection first. ... or else the other one stopped, then proceeded and the one arriving second just never stopped and shot across the path of the first just in the nick of time to get creamed in the side?

:D