Does an illegal driving action ofone driver negate the failure to yield at a stop sign of another driver?

Get Legal Help Today

 Secured with SHA-256 Encryption

Does an illegal driving action ofone driver negate the failure to yield at a stop sign of another driver?

Car 1 stops at a stop sign and enters an intersection going East to turn left (north) but must stop in the intersection to wait for traffic to clear intersection. There are 2 lanes of cars stopped in the southbound lane at the intersection. Car 2 is approaching intersection from the left (driving southbound) intending to make a left turn (to go north) at the intersection. Car1 is sitting still. Car 2 does not want to wait and drives around the left of 2 lanes of stopped cars on the wrong side of the yellow line. Car 2 does not see Car 1 and hits Car 1. Car 1 gets a failure to yield ticket.

Asked on March 11, 2011 under Accident Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The response here really depends on a variety of reasons and recovery in a lawsuit most importantly depends on how your state's negligence laws are written.  Generally speaking those circumstances would not necessarily "negate" liability but rather "mitigate" liability and then ultimately damages.  Crossing over a yellow line here as you wrote the facts does seem to have been the cause of the accident.  And the point of impact coupled with the facts indicating the original direction of the vehicle (from behind you rather than coming from the other direction) will also have a bearing on liability.  Your failure to yield ticket was probably based on the impression of the police officer as to point of impact at the scene.  I would discuss the matter with an attorney in your area.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption