Most of us have a reasonable general understanding of the rules of the road. In any intersection situation, one direction of traffic has the right of way and the other flows of traffic are obliged to yield. The requirement to yield can be controlled by a traffic light or a traffic sign. That said, what happens when you failed to yield because the stop sign that controlled your road was missing? Obviously, drivers are not required by the law to be psychics and cannot be liable for not following signs that are missing. In fact, if any driver (including the one who failed to yield) is hurt as a result of such a scenario, then the injured people may have valid claims for compensation based upon the improper failure to re-install or replace the stop sign. For this or any other type of auto accident injury case, be sure to consult a knowledgeable Chicago injury attorney about your options.
That scenario described above, while unlikely, actually happened to one Southern Illinois woman. The website rrstar.com reported on the fatal crash of S.K., a small-town high school teacher. Early one late May morning, she was on her way to her doctor’s office and was driving through a road in rural Stephenson County. She encountered an intersection but, seeing no stop sign and not being familiar with the road, she proceeded ahead. Unbeknownst to her, traffic on her road was supposed to stop and an oncoming vehicle crashed into her. The teacher died shortly after the impact.
If you were (non-fatally) injured in an accident like this, would you know what to do? Would you attempt to sue the other driver in the crash? If a driver improperly fails to yield the right of way and that failure to yield causes an injury accident, then that driver could be liable for the injuries caused as a result of the driver’s negligent failure to yield. However, in this case, the driver who crashed into S.K. had the right of way, and therefore probably could not be liable for improperly failing to yield.