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re: Whose is at fault in this accident?
Posted on 2/18/24 at 11:52 am to Barbenheimer
Posted on 2/18/24 at 11:52 am to Barbenheimer
Eh. Not enough info in the video. The dash cam needs to go back a few seconds to see which vehicle stopped first.
People will say the car is at fault because it was turning, but that’s not correct. Since both had the stop sign the vehicle that stopped first has the right of way (whether turning or going straight).
Now even if the car stopped first, there could still be some comparative negligence due to “last clear chance.”
Edit: Rewatched the video. I thought it was a four way stop, but I see the first white van coming at speed on the main road. Since the two stopped vehicles are on a cross street that has stop signs (and not four way stop) then it does change things. The stop signs must yield to the roadway. And then they must follow right of way rules - so left turning traffic has to yield to traffic going straight.
People will say the car is at fault because it was turning, but that’s not correct. Since both had the stop sign the vehicle that stopped first has the right of way (whether turning or going straight).
Now even if the car stopped first, there could still be some comparative negligence due to “last clear chance.”
Edit: Rewatched the video. I thought it was a four way stop, but I see the first white van coming at speed on the main road. Since the two stopped vehicles are on a cross street that has stop signs (and not four way stop) then it does change things. The stop signs must yield to the roadway. And then they must follow right of way rules - so left turning traffic has to yield to traffic going straight.
This post was edited on 2/18/24 at 12:09 pm
Posted on 2/18/24 at 12:00 pm to BigBinBR
quote:
Since both had the stop sign the vehicle that stopped first has the right of way (whether turning or going straight).
Thats only at a 4way stop......and if all 4 cars get to the stop sign at a 4way stop at the same time, the car to the right has the right of way
Posted on 2/18/24 at 12:04 pm to BigBinBR
quote:
The dash cam needs to go back a few seconds to see which vehicle stopped first
Not a 4 way stop. It doesn’t matter who stopped first. The car turning always has to yield to the car going straight.
Posted on 2/18/24 at 1:46 pm to BigBinBR
quote:
Eh. Not enough info in the video. The dash cam needs to go back a few seconds to see which vehicle stopped first.
I don't think that's necessary
The driver in the car was being negligent even if they had the legal right of way
Posted on 2/18/24 at 1:48 pm to BigBinBR
quote:
People will say the car is at fault because it was turning, but that’s not correct. Since both had the stop sign the vehicle that stopped first has the right of way (whether turning or going straight).
Assuming that’s true (not sure it is), the car literally turned into the side of the van. I’m not sure how you could argue that that the car didn’t cause the accident.
Posted on 2/18/24 at 3:55 pm to BigBinBR
quote:
Since both had the stop sign the vehicle that stopped first has the right of way (whether turning or going straight).
Wrong
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