Ohio Car Crash Liability: Who’s at Fault for a Stop Sign Accident?

Feb 14, 2020 Car Accidents

Posted by: Kisling, Nestico & Redick, LLC

Car crashes at intersections with one or more stop signs can be confusing. Assigning fault may seem easy, but each case is different, and extenuating circumstances can make matters worse.

If you’ve been injured in an accident at a stop sign or your car has been damaged, call Kisling, Nestico & Redick immediately.

Our Ohio car accident lawyers are here to review the situation, answer your questions, and discuss your options. Call us today at 1-800-HURT-NOW to schedule a free consultation.

Ohio Stop Sign Rules & Right of Way

At a four-way stop sign in Ohio, drivers proceed in the order that they arrive at the intersection. Each driver must come to a complete stop, then move only after allowing any pedestrians to cross. Bicyclists are also expected to follow the same rules at stop signs.

Who Is Responsible for a Stop Sign Accident?

To determine fault for your accident, you should consider:

Did the Other Driver Fail to Stop?

If a driver crashes into your car after running a stop sign, the accident may be the other driver’s fault entirely. Driving through a stop sign without coming to a complete stop is illegal and negligent. Yet, the other driver may still argue that you were also in the wrong. If there is evidence that you violated a traffic law before the accident, the issue may come down to each driver’s percentage of fault.

Did You Run a Stop Sign?

If you drove through a stop sign, even by accident, you will be responsible to some degree. The other driver may have had the right of way, making you fully liable. However, there may be a situation where you and the other driver share fault. In this case, determining liability and proper compensation may take some time.

Were You on a Through Street?

It may be that the other driver came to a complete stop at their stop sign but decided to drive forward and collided with you. If you were on a through the street and did not have a stop sign, you had the right of way. The other driver was responsible for remaining stopped until the road was clear.

If the driver did not come to a complete stop at their stop sign, they will have failed to yield and will carry a significant portion of the blame for any damages or injuries.

Right of Way During Turns

Right of Way means who has the right to proceed. Drivers on through streets will usually have the right of way, while drivers with stop signs must wait until the way is clear or it’s safe for them to turn. You might think you have the right of course immediately after stopping at a sign, but you can only make your turn when the way is clear. Pulling in front of another driver without enough distance can place you at fault for a crash.

Did You Both Stop?

If you arrived at a four-way stop at the same time as the other vehicle and moved forward at the same time, it may confuse who is responsible. It most likely comes down to which party had the right of way. When two vehicles come to an intersection simultaneously, the car on the left must yield to the vehicle on the right.

Who’s at Fault in a Rear-End Accident?

Drivers are expected to follow other vehicles at a safe distance, depending on vehicle speed and traffic signs. Some drivers may creep up on you as you wait your turn at an intersection. If there’s a rear-end collision because the driver behind you failed to keep that safe distance, you’ll have a solid case to seek compensation for any injuries or damages they cause.

However, there could be other circumstances that might put you at some degree of fault, which will affect the payout, such as:

  • You reversed your vehicle without significant warning or clearance
  • Your brake lights aren’t functioning properly
  • You “brake checked” the car behind you
  • You’re experiencing a mechanical failure without giving other drivers enough space to pass you

Seeking Compensation after an Intersection Accident

Injuries and damages caused by accidents at an intersection can be severe, especially if the negligent driver was driving excessively recklessly. Once you’ve determined fault, you should work with your car accident attorney to determine the extent of damages to calculate the maximum compensation you deserve.

It’s possible to receive compensation for medical expenses, lost income, pain and suffering, disability, disfigurement, mental anguish, and loss of consortium. If a settlement isn’t forthcoming, your attorney will communicate with the insurance company to work on your claim and present your case in court.

An Ohio Car Accident Lawyer Can Help

Stop sign accidents become complicated because negligent drivers claim they did nothing wrong. At Kisling, Nestico & Redick, we will gather the evidence and prove the other driver’s fault.

If you are currently involved in a situation where the at-fault driver is unclear or lying about their actions, do not hesitate to ask for legal help.

Our experienced attorneys at Kisling, Nestico & Redick have decades of experience handling car accidents, and we can pursue compensation for your injuries.

Call 1-800-HURT-NOW or use our online form to schedule a no-cost consultation.