Does an illegal driving action ofone driver negate the failure to yield at a stop sign of another driver?
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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 13 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.
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