Join Date: Dec 2000
Location: Charleston, SC, USA
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Re: Running a stop sign & hitting a no-lights car at night.
I remember discussing this when I was learning to drive. Later, in my one semester of law school I learned of contributory & comparative negligence.
SO: If I were a judge or juror I would rule that the stop-sign runner is at greater fault because by failing to stop, he could not see whoever was coming--lights or no, speeding or no. HOWEVER, if he had stopped properly, looked & listened, then pulled out & hit the unlit car, I'd rule for him because it's unreasonable to expect him to see said unlit car on a dark road at night despite his best efforts.