Motor vehicle laws require every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none then shall stop before entering the crosswalk on the near side of the intersection, or in the event there is no crosswalk, at the point nearest the intersecting roadway where the driver has a view of the approaching traffic on the intersecting roadway before entering the intersection and the right to proceed shall be the subject to the provisions of section eleven hundred forty-two.

       A driver who is subsequently struck by a vehicle which failed to come to a complete stop may use this rule of the road to establish negligence in a suit for personal injury. Standard pattern jury instructions state as follows

      "In applying this provision of the statute, you must first decide whether the (plaintiff, defendant) actually stopped as required. If you do decide that (he, she) failed to stop as required, (plaintiff, defendant) was negligent. If you decide that (plaintiff, defendant) did stop, (he, she) was required to comply with the provisions of Section 1142(a), which provides: "Except when directed to proceed by a police officer, every driver of a vehicle approaching a stop sign shall stop...and after having stopped shall yield the right of way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard during the time when such driver is moving across or within the intersection." This section requires that a driver, after having stopped, yield the right of way to an approaching vehicle if a collision might occur if (he, she) proceeds. If you decide that (plaintiff, defendant) failed to yield right of way as required (plaintiff, defendant) was negligent."