Legal Question in Traffic Law in Mississippi

Right of way

Are the rules of ''right of way'' ever varied depending upon the situation. After coming to a complete stop and checking that there was no oncoming traffic I proceeded to pull out onto the street. The point that the road I was on is at the bottom of a very steep hill, when I started to move nothing was there, then a car appeared speeding over the hill. I had no time to back up, only to immediately stop. I had only made it maybe a foot out in the road. It was ruled my fault for ''failure to yeild''. Even though I had stopped and only proceeded when it was clear, there was no time to respond to the car coming over the hill from such a short distance. Is there any way to put this as no fault considering the limited view point?


Asked on 9/10/03, 1:01 am

1 Answer from Attorneys
Albert Pettigrew Law Offices Ph 228-875-8736

Re: Right of way

Your description indicates you were not at fault because the rules would say that upon your entering the intersection, you had the right of way. However, the way the accident occurred seems very similar to a situation in which one pulls out failing to yield right of way to an approaching vehicle. It all seems to boil down to who was most likely to have acted reasonably under the circumstances, and absent credible witnesses or other evidence for you, the physical evidence indicates you were at fault. You should also look at the speed information in the other vehicle's black box if it is available or the vehicle's skid marks. They may indicate that the other vehicle was probably on the otherside of the crest when you entered the intersection.

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Answered on 9/10/03, 9:42 am


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