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I was recently in a car accident and am trying to figure out who would be deemed at fault

Philadelphia, PA |

Saturday afternoon I was traveling south bound and when i reached the corner, which I had a stop sign for but intersecting traffic did not. After coming to a stop, I look to the left to clear traffic, however do to construction and a large van blocking the view, I had to edge out to see if I was clear. It was when I did this that the front driver side, about a foot from the front of my car, was struck on the left by an oncoming car. Who would be seen as at fault as I believe that followed what typical protocol would be.

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Attorney answers 8


Likely both. You are required to yield right-of-way since you at the stop sign, but the other driver has a duty to exercise proper lookout. Submit this to your insurance company and they will hash out the tween them the percentage of fault. If you are injured consult a personal injury attorney.


There may be some contributory negligence but I would say that you with the stop sign are primarily at fault.


I agree with Attorney Konkel. If your car was at a standstill when the impact occurred, that will help you. Hopefully, you have insurance. If so, turn this over to your insurance company. If injured, consult with a personal injury attorney in your city.


Normally where you have a stop sign and the other car doesn't, the accident is your fault.

However, if this large van was illegally parked then I would claim it was his responsibility. Did you get the information on the Van? Also, you said there was construction and possibly an argument could be made that the company doing the construction was also responsible for the accident. Tough to tell without more facts.



I was not able to get the information regarding the van as by the time I got off the phone with the insurance company, the van moved and parked across the street. However, the police did note in their report that there was a van on my left that would have prevented me from seeing oncoming traffic. I cant say that it was parked illegally, but more so that because if its size and construction materials on the side walk, there was no way to visablly see the street from the where the stop sign is placed, without inching out further than usual.


Liability in accidents is usually never clear cut, often disputed and always a question of fact. Turn it over to your insurance company and let them sort it out. That's why you have insurance...

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I would agree with Mr. Heslin. There may be facts that mitigate your fault. However, with the stop sign some fault will be attributed to you. If 50% or less, then you would get back the respective share of your damages.


Here is the Pa Statute dealing with your duty at a stop sign: "Duties at stop signs.--Except when directed to proceed by a police officer or appropriately attired persons authorized to direct, control or regulate traffic, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line or, if no stop line is present, before entering a crosswalk on the near side of the intersection or, if no crosswalk is present, then at the point nearest the intersecting roadway where the driver has a clear view of approaching traffic on the intersecting roadway before entering. If, after stopping at a crosswalk or clearly marked stop line, a driver does not have a clear view of approaching traffic, the driver shall, after yielding the right-of-way to any pedestrian in the crosswalk, slowly pull forward from the stopped position to a point where the driver has a clear view of approaching traffic. The driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute a hazard during the time when the driver is moving across or within the intersection or junction of roadways and enter the intersection when it is safe to do so."
The answer to whether you are at fault depends on whether you "slowly" pulled forward to a point where you had a clear view of the oncoming traffic and whether you were stopped when the other vehicle hit you.



Thank you for this. The car actually hit me before I could even get far enough to see on coming traffic (they hit about the first foot of my car). I just got off the phone with my insurance company who says that because I had the stop sign, I may have to assume a good amount of the fault, however as when my car was hit it spun to the right, there is a chance that the other car could be blamed for speeding as it is a residential neighborhood with a speed limit of 25 mph.


An accident such as this was probably caused by both parties. The degree of fault for each would depend on the evidence that would be elicited through the discovery process, if the case is put into suit. You do not indicate if you are a party to a law suit or if this is just an academic exercise, but it may be important to know this to answer your question accurately.

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