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

Asked 6 months ago - 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.

Attorney answers (8)

  1. Gary Phillip Heslin

    Pro

    Contributor Level 11

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    Answered . 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.

  2. Jerome A. Konkel

    Pro

    Contributor Level 13

    9

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    1

    Answered . 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.

  3. Thomas J. Wagner

    Contributor Level 19

    5

    Lawyers agree

    1

    Answered . 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.

  4. John L. Schroeder

    Contributor Level 18

    7

    Lawyers agree

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

  5. Jonathan Seth Corchnoy

    Contributor Level 15

    4

    Lawyers agree

    Answered . 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.

  6. Dennis Wayne Tackett

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . 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.

  7. David Herman Hirsch

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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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  8. David Ian Schoen

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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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