Legal Question in Traffic Law in Oregon
who has right of way at a T in teh road when there is no stop sign?
My husband was in an accident a couple of days ago. He was driving on a road the was joined by another in a ''T'' shape (no stop sign) he was on the main road (top of the T)when a woman came from his right off the other road and hit his car almost head on, she turned sharply cutting into oncoming lane, it seemed very clear to us that she would have been at fault but someone told me that whoever is on the right would have right of way, It does not sound right to me. Also if she is at fault and we did not have insurance, would her insurance still have to pay for our damages? And is it inevitable that my husband will be suspended for driving with out insurance?
1 Answer from Attorneys
Re: who has right of way at a T in teh road when there is no stop sign?
As to the last question: Your husband WILL be suspended if DMV is notified, as they ordinarily are, but the one defense I know of that DOES work is the "good faith" defense. So, make sure DMV has his correct address, so he'll receive the notice.
If and when he gets a notice of suspension, the notice will refer to his right to a HEARING. Take that - there's a very short time limit to request it. The essence of the defense requires that he didn't KNOW he was uninsured, AND that there were reasonable facts to support that presumption. Good example is where a business ordinarily pays for the insurance, fails to, and then driver is in wreck and was never told he had no insurance. There may be OTHER defenses, but I'm not aware of them.
ALSO -- if he is suspeneded, the uninsured accident suspension is one of the least onerous ones, at least in terms of getting a flexible "Hardship Permit" to drive.
As to the ACCIDENT question: I have no idea. I ran into a case with VERY similar facts some years ago, and never did figure it out. I do recall that the opposing insurer had taken the position that the injured driver along the TOP of that "T" was supposed to STOP for the traffic coming out of the smaller road that t'd off into the main road. Made no sense to me, either, but I never did find the answer!
Good luck!
Related Questions & Answers
-
Suspended driver's license I was recently pulled over. I presented the officer with... Asked 9/26/03, 5:52 pm in United States Oregon Traffic Law
-
''running red light'' I was given a citation for running a red light in a small... Asked 7/07/03, 6:55 pm in United States Oregon Traffic Law
-
Miranda Rights If an officer reads you your Miranda Rights are you under arrest? Asked 3/02/03, 4:17 am in United States Oregon Traffic Law
-
Parked vehicle yield to right-of-way to unparked vehicle? What is the law regarding... Asked 12/20/02, 4:24 am in United States Oregon Traffic Law