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Charles E. Andersen

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Duties of Motorists Where Stop Sign is Missing or Obscured

 

      

      An often litigated issue in auto accident cases is the missing stop sign. Traffic control devices often get blown down by wind, falling tree's, motorists, vandalism, and highway construction.

      Is the driver's violation of the missing control device excused? The answer is, it depends.

      The driver may have been familiar with the roadway from driving it on a regular basis. If the driver was not familiar with the roadway, and the stop sign was in fact obscured or missing, traditional negligence principles apply. Would a person using ordinary care have stopped and looked both ways at the intersection even though there was no stop sign?

 

     Instructions by the Court:

 

     In this case (plaintiff, defendant) contends that the stop sign was (missing, obscured). The first question for you to decide is whether the stop sign was (in place, sufficiently visible to be seen by an ordinarily observant person). If you find that it was, (plaintiff's, defendant's) failure to stop was negligence. If you find that it was not, you must decide whether (plaintiff, defendant) knew or in the use of reasonable care should have known that the intersecting highway was a through highway. If you find that (plaintiff, defendant) knew or should have known that fact (plaintiff's, defendant's) failure to stop was negligence. If you find that (plaintiff, defendant) did not know and had no reason to know that the intersecting road was a through highway, you must then decide if (plaintiff, defendant) was negligent under the usual right-of-way rule that I just gave you

 

How I can help you recover:

 

     I am an experienced New York lawyer who has the time to aggressively pursue a personal injury case on your behalf. By knowing the law, we know who's right and who's wrong.

 

          Please call our office now if an insurer is refusing to cover your medical bills, compensate you for loss or diminution in earning capacity or cover the collateral costs of your injury.  

 

          Our office may also be able to help you recover for pain and suffering if you meet the threshold requirement for " serious personal injury " to sue under New York's  "No Fault" automobile statue. This means more than temporary injury and disability, however it does not mean that your injury must be disabling. A permanent scare, or permanent painful condition resulting from damages to joints or ligaments is sufficient to meet this threshold even though you are not disabled or out of work.

 

      

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Auto Accident Facts

Thousands of innocent people per year are injured in car accidents as a result of the careless driving of others. According to the U.S. Department of Transportation, nearly 43,000 people died in car accidents in 2002. More than one-quarter of Americans have been involved in a car accident in the last five years.

Every 13 minutes, there is a death caused by a motor vehicle accident. Car accidents claim our very youngest and our very oldest populations. Americans from the ages of 1-33 are more likely to die from a car accident than from anything else. On the other side of the spectrum, elderly adults aged 75 and up are most affected by motor vehicle crashes.

Life Insurance & Auto Accidents

Most don't even have a life insurance policy that could pay for funeral expenses if the unthinkable happened. Considering the prevalence of auto accidents, it is important that automobile drivers educate themselves concerning auto accidents and the legal options that exist should an accident occur.

 

 

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