When approaching a four-way stop, it’s important to know who has the right-of-way to go first if multiple parties arrive at the stop sign at the same time. Not knowing the rules of the road and who has the right-of-way, can cause serious car accidents. In this blog, we’ll discuss who has the right-of-way at a four-way stop, and how our Naperville personal injury firm can help victims injured in four-way stop intersection accidents.
- Illinois Rules of the Road:
- According to the Illinois Vehicle Code, the driver on the right generally has the right-of-way at intersections. This rule applies particularly at intersections where there are no traffic signals or signs indicating otherwise.
- Statutory Provision:
- 625 ILCS 5/11-901: This statute specifies that when two vehicles approach or enter an intersection from different roadways at approximately the same time, the driver of the vehicle on the left must yield the right-of-way to the vehicle on the right.
Application of the Rule
- Four-Way Stop Intersections:
- At a four-way stop, the first vehicle to stop should be the first to go. If two vehicles stop at the same time, the vehicle on the right has the right-of-way.
- Uncontrolled Intersections:
- At intersections without traffic control devices (stop signs or signals), the vehicle on the right has the right-of-way when two vehicles approach at approximately the same time.
- Exceptions:
- The rule is subject to exceptions based on the specific circumstances of the intersection and traffic patterns, as well as any posted signage that may alter the standard right-of-way rules.
Proving Fault After an Intersection Accident
- Gathering Evidence:
- Photographs and Videos: Take immediate photos and videos of the accident scene, including vehicle positions, skid marks, and any relevant traffic signs or signals.
- Witness Statements: Obtain contact information and statements from any witnesses who saw the accident occur.
- Police Report: Ensure that a police report is filed, as it can provide an impartial account of the accident and help establish fault.
- Establishing Negligence:
- Failure to Yield: Demonstrate that the driver on the left failed to yield the right-of-way to the vehicle on the right, in violation of 625 ILCS 5/11-901.
- Reckless Driving: Show that the other driver was driving recklessly or was distracted, contributing to the accident.
Duty to Take Steps to Avoid an Accident
- Duty of Care:
- All drivers have a duty to exercise reasonable care to avoid causing harm to others. This includes taking steps to avoid accidents, even if they have the right-of-way.
- Comparative Negligence:
- Illinois follows a modified comparative negligence system. If the plaintiff is found to be partially at fault for failing to avoid the accident, their compensation can be reduced proportionally. If they are more than 50% at fault, they cannot recover any damages.
- Proving Reasonable Steps:
- Defensive Driving: Plaintiffs should demonstrate that they were driving defensively, such as slowing down and being vigilant for other vehicles.
- Avoiding Hazards: Show that they took reasonable steps to avoid the accident, such as swerving or braking when it was safe to do so.
Practical Tips for Car Accident Victims
- Seek Immediate Medical Attention:
- Documenting injuries with medical records is crucial for substantiating claims.
- Consult a Naperville Car Accident Attorney:
- A car accident attorney experienced in intersection accidents can provide guidance on gathering evidence, navigating legal challenges, and negotiating with insurance companies.
- Preserve Evidence:
- Act quickly to preserve all possible evidence, including photographs, witness statements, and the police report.
Contact the Award-Winning Naperville Car Accident Lawyers at John J. Malm & Associates
For plaintiffs in Illinois, pursuing a claim after an intersection accident involves demonstrating that the driver on the left failed to yield to the right-of-way and that all reasonable steps were taken to avoid the accident. By gathering strong evidence, documenting the incident thoroughly, and consulting with a personal injury attorney, plaintiffs can strengthen their case and improve their chances of obtaining fair compensation.
If you were injured in an intersection accident, contact John J. Malm & Associates for a free consultation. Our experienced Naperville car crash attorneys have over 90 years of combined experience representing car accident victims. Let us help you get the compensation you deserve.