I struck another car at an intersection. I did not see the other car. But the other car had the stop sign. There was substantial damage to my car. I was badly injured. What are my rights?
No Fault Claim
As with all car accident claims, your first call should be to your insurance company. You should let your insurance company know what happened. Your insurance company will send you out a no-fault application to apply for no-fault (or personal injury protection) benefits. Benefits for no fault include payment for medical bills as well as partial reimbursement for your loss wages. You must file for benefits within 30 days after your accident.
Personal Injury Claim
You also have a claim for personal injuries against the other driver. Every driver is charged with obeying traffic control devices such as stop signs. Vehicle and Traffic Law §§ 1110, 1142 and 1172. Furthermore, as a driver, when you are aware of the presence of a stop sign on the cross street and you have the right of way, you are entitled to assume that the driver on the subordinate highway will stop. Terrell v Kissel, 116 AD2d 637, 497 NYS2d 716 (2d Dept 1986). Additionally, a driver has no duty to watch for and avoid a driver who might fail to stop at a stop sign, Doxtader v Janczuk, 294 AD2d 859, 741 NYS2d 368 (4th Dept 2002); see Aunchman v Palen, 186 AD2d 104, 587 NYS2d 710 (2d Dept 1992); Perez v Brux Cab Corp., 251 AD2d 157, 674 NYS2d 343 (1st Dept 1998).
Duty to See What There is to be Seen
But as with all accident cases, there could be two sides to the story. A recurring theme in all negligence cases is the duty of everyone (pedestrian or driver) to see what there is to be seen. Or as one appellate court said, a driver cannot “blindly and wantonly” enter into an intersection. Gilkerson v Buck, 167 AD3d 1470, 90 NYS3d 750 (4th Dept 2018).
There could be situations where the driver with the stop sign has the right away. So if the driver with the stop sign already entered the intersection before the driver who did not have a stop sign, then the driver with the stop sign has the right of way. Especially where the driver with the stop sign testifies that the driver without the stop sign was traveling at an excessive rate of speed, and the driver with the stop sign did not see the other vehicle. Nevarez v S.R.M. Management Corp., 58 AD3d 295, 867 NYS2d 431 (1st Dept 2008); see Rivera v Berrios Trans Service Inc., 64 AD3d 416, 882 NYS2d 114 (1st Dept 2009).
So in your case, you should file a lawsuit against the other driver for your personal injuries. Although there is a chance that you could be blamed in part for the accident, you will prevail because the other driver had a duty to follow the rules of the road.
By James Santner, Esq.
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