Injured in a Stop Sign Accident? Get a Free Consultation Today.
Stop sign accidents happen when a driver fails to stop at a designated stop sign, which can lead to dangerous collisions with other vehicles, pedestrians, or property. Disregarding a stop sign is a serious traffic violation that can cause severe accidents, especially in busy areas like Houston. If you’ve been injured in an accident where the other driver ran a stop sign, you may be entitled to compensation for your injuries, medical bills, lost wages, and other damages. At Adley Law Firm, our experienced Houston stop sign accident lawyers, led by Attorney Kevin Adley, are here to help you navigate the legal process and secure the compensation you deserve.
Call us today for a free consultation, and let us put our experience to work for you.
Determining Fault in a Houston Stop Sign Accident
Determining fault in a stop sign accident is crucial because it directly affects your ability to recover compensation for medical bills, lost wages, property damage, and pain and suffering. Typically, the driver who fails to stop at the stop sign is held responsible for the crash. However, determining fault can become more complicated, particularly if both drivers share responsibility or if there are conflicting accounts of the events leading up to the accident. It’s essential to understand the circumstances surrounding the crash and the legal requirements for stop sign adherence to build a strong case.
1. If Someone Runs a Stop Sign and You Hit Them, Whose Fault Is It?
Generally, if another driver runs a stop sign and you collide with them, the driver who failed to stop is at fault. Texas law requires vehicles to come to a complete stop at a stop sign and yield the right of way to other traffic, especially at intersections. However, other factors like speeding, failure to yield the right of way, or poor road conditions could influence fault. An attorney will review the specifics of your case to ensure fault is accurately assigned.
2. I Hit a Car That Ran a Stop Sign, What Should I Do?
If you hit a car that ran a stop sign, your first priority is safety. Check for injuries and immediately call 911. Once everyone is safe, gather evidence at the scene—take photos of the intersection, your vehicle, and any damages, and collect witness statements. The police report will play a key role in determining fault. It’s important to consult with a lawyer who can evaluate the situation, especially if the other driver denies fault or if insurance issues arise. Your lawyer will help you protect your rights and navigate the legal process.
3. If Both Drivers Ran Stop Signs, Who Is at Fault?
When both drivers run their respective stop signs, fault can be more complex. Texas law mandates that all drivers yield the right of way when approaching a stop sign, but both drivers could share responsibility. In such cases, liability may be divided, meaning each driver could be partially at fault. Investigating the actions of both parties—such as speed, impairment, or distractions—will help determine how fault is assigned.
4. What If the Stop Sign Was Obstructed or Missing?
If a stop sign was obstructed or missing—due to trees, bushes, or poor placement—the driver who failed to stop may not be entirely at fault. In such situations, the driver may claim they didn’t see the sign. However, they are still expected to approach intersections cautiously, even when visibility is poor. In these cases, the city or local government may share some responsibility for failing to maintain proper signage.
5. What if the Other Driver Was Drunk or Distracted?
If the driver who ran the stop sign was impaired by alcohol, drugs, or distracted by a phone, they may be more clearly at fault for the accident. Driving under the influence or being distracted can significantly impair a driver’s ability to follow traffic laws, increasing the likelihood of running a stop sign. In these cases, the other driver’s actions will strongly influence fault determination.
Who Determines Fault in a Stop Sign Accident?
Determining fault in a stop sign accident involves multiple parties:
- Police Officers: After an accident, police will investigate the scene and create a report that includes details on the crash, driver actions, and possible violations, like running a stop sign. While the police report is important, it’s not always legally binding.
- Insurance Companies: Insurance companies will review the evidence to assign fault for the purpose of processing claims. They’ll examine the police report, witness statements, and other details, but keep in mind they may try to minimize liability.
- Lawyers: If the case goes to court or there’s a dispute about fault, your attorney will investigate thoroughly, gather evidence, and advocate on your behalf to ensure the correct party is held responsible.
- Judges or Juries: If the case goes to trial, a judge or jury will ultimately decide fault based on the evidence, testimony, and relevant traffic laws.
How to Prove Someone Ran a Stop Sign
To prove that another driver ran a stop sign, you need solid evidence:
- Police Reports: Officers will document the details of the crash, including any violations like running a stop sign.
- Witness Statements: Eyewitnesses can testify that the driver failed to stop at the stop sign.
- Traffic Cameras: If the intersection has traffic cameras, footage may show the driver running the stop sign.
- Physical Evidence: Damage to the vehicles, tire marks, and debris can help establish the point of impact.
- Accident Reconstruction: In more complex cases, experts can recreate the accident to demonstrate how the stop sign violation occurred.
Stop Sign Laws in Houston and Texas
Stop sign laws in Houston and across Texas are outlined in the Texas Transportation Code. Drivers must come to a complete stop at a stop sign and yield to other vehicles before proceeding. Disregarding these laws can lead to accidents and legal consequences.
- Texas Transportation Code § 544.010: Requires drivers to stop at stop signs and yield to traffic on through highways.
- Texas Transportation Code § 545.151: Outlines the penalties for failing to stop at a stop sign.
For more details on Texas traffic laws, visit the Texas Department of Transportation website.
Common Causes of Stop Sign Accidents in Houston
Stop sign accidents can happen for a variety of reasons in Houston:
- Failure to Stop: Running the stop sign is the most common cause, often due to a driver not seeing the sign or ignoring it.
- Impaired Driving: Alcohol and drugs impair judgment and reaction time, increasing the likelihood of running a stop sign.
- Distracted Driving: Texting or using a phone while driving can make it easy to miss a stop sign.
- Speeding: Excessive speed makes it harder to stop at intersections and increases the chances of a crash.
- Poor Visibility or Obstruction: Factors like overgrown trees, fog, or poor signage placement can make it difficult to see a stop sign.
- Driver Confusion: Busy intersections can confuse drivers about who has the right of way, leading to accidents at stop signs.
Common Defenses in Stop Sign Accident Cases
In stop sign accident cases, drivers may use various defenses, such as:
- Comparative Negligence: The at-fault driver may argue that you contributed to the accident by not paying attention or running a yellow light.
- Faulty Signage or Poor Road Conditions: They may claim the stop sign was obstructed or missing, making it difficult to see.
- Driver Confusion: The at-fault driver might argue they misunderstood the intersection or thought they had the right of way.
- Failure to Yield by Other Drivers: The defendant may claim that another driver didn’t yield, leading to the crash.
- Inadequate Evidence: They may argue that there isn’t enough proof to show they ran the stop sign.
It’s important to have a skilled lawyer to counter these defenses and ensure you get the compensation you deserve.
Why Choose Adley Law Firm?
At Adley Law Firm, led by Kevin Adley, we have extensive experience representing victims of car accidents, including those caused by stop sign violations. Our team specializes in personal injury cases and is dedicated to helping you secure fair compensation.
- Free Consultations: We offer free consultations to discuss your case.
- No Fees Unless You Win: We work on a contingency fee basis, meaning you don’t pay unless we win your case.
- Experienced Attorneys: With years of experience, our attorneys have the skills to handle even the most complex accident cases.
- Client-Centered Approach: We prioritize your needs and work tirelessly to protect your rights.
Contact Us Today
If you’ve been injured in a stop sign accident in Houston, don’t wait to take legal action. Call us at (713) 999-8669 or fill out our online form to schedule a free consultation.
Let us help you get the justice and compensation you deserve.
