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Failure To Obey Traffic Control Device in Portland, Oregon

On Lawyer & Legal » Traffic Law

2,853 words with 2 Comments; publish: Sat, 23 Feb 2008 12:06:00 GMT; (80093.75, « »)

How can it be my fault if the intersection was clear when I began my turn?

I was driving my van and going to turn left at a T intersection. I stopped and looked both ways two times. The first time I was behind the stop sign and the second I was infront of the stop sign. It was all clear. I use this intersection frequently. I made sure it was clear both ways. I pulled out in the intersection to make the left hand turn. As I was still in the intersection, but almost all the way through, a car stuck my driver side at the rear end of my van. The impact cause my vehicle to slide a bit and then I straigtened my van out.

I was sited (in Portland Oregon) for failure to obey a traffic control device, a stop sign. How can it be my fault if the intersection was clear when I began my turn? She impacted the rear side of my vehicle. I have pictures to show her 56 feet of skid marks and a video tape.

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  • 2 Comments
    • If you are entering an intersection where the other vehicle has right-of-way, and you fail to see the other vehicle before entering the intersection such that an accident results, it is typical for you to receive a ticket.
      #1; Mon, 25 Feb 2008 11:41:00 GMT
    • Aaron is quite correct, but here are some details. The law in OR states
      Quoting
      811.260 Appropriate driver responses to traffic control devices. This section establishes appropriate driver responses to specific traffic control devices for purposes of ORS 811.265. Authority to place traffic control devices is established under ORS 810.210. Except when acting under the direction of a police officer that contradicts this section, a driver is in violation of ORS 811.265 if the driver makes a response to traffic control devices that is not permitted under the following:

      ...

      (11) Stop signs. A driver approaching a stop sign shall stop at a clearly marked stop line, but if none, before entering the marked crosswalk on the near side of the intersection or, if there is no marked crosswalk, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After stopping, the driver shall yield the right of way to any vehicle in the intersection or approaching so closely as to constitute an immediate hazard during the time when the driver is moving across or within the intersection.

      I'm not sure about OR, but in WA an accident is usually considered prima facie evidence that there was, indeed, an "immediate hazard". The skid marks indicate that the other driver was actually trying to avoid the accident -- something that will count heavily in her favor when the insurance companies start assessing fault.

      Barry

      #2; Mon, 25 Feb 2008 13:38:00 GMT