MAY 13, 2012 BY SAMUEL FISHMAN
Every driver has a duty to stop a clearly marked stop sign. Despite this rule that would seem obvious and clear to every driver, the failure to follow this rule is often the cause of major accidents. Many times, these accidents occur when a driver is in a rush and fails to come to a complete stop and performs what is commonly referred to as a “rolling stop.” A “rolling stop” is without a doubt illegal. A driver who causes an accident as the result of failing to stop at a stop sign must be held liable for the injuries that they cause as a result of their failure to follow the rules of the road. The attorneys at the Law Offices of Samuel Fishman are experienced at pursuing claims against drivers who fail to stop at stop signs. If you have been injured as the result of another driver’s neglectful failure to stop, then you should contact our office immediately so that we can help you protect your right to pursue substantial monetary recovery for your injuries.
The law regarding a driver’s duty to stop at a stop sign is clearly established under the Pennsylvania Consolidated Statutes at 75 Pa.C.S. § 3323(b) which currently states that:
(b) 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.
As you can see from the statutory text, not only does a person have the duty to stop a stop sign, but they also have a duty continue to stopping and yielding the right of way until it is completely safe to do so. This means that just because you have brought your car to stop does not mean that your duty is over. Before entering the intersection, a driver must know that it is fully safe to do so.
Have you been injured as the result of a driver who has failed to perform their duty of stopping at a stop sign? Contact our offices today for a FREE consultation to learn how we can help maximize the monetary recovery available for your pain and suffering. Remember, we NEVER charge a fee until we recover money for YOU! There is no reason for delay! Call us today!
FILED UNDER: CAR ACCIDENTS