Liability in a Four-Way Stop Accident

In some areas, four-way stops involve traffic circles, which can be very confusing for unfamiliar drivers.

Knowing the state’s right of way laws is key to navigating a four-way stop. However, these laws are not always simple and when other drivers do not abide by them, a stopped driver must use their common sense and defensive driving tactics to move through the stop without being involved in an accident. When an accident does occur and results in injury to one or more parties, those parties may seek compensation for their damages through personal injury protection (PIP) claims with their own auto insurance providers. When the victim’s injuries exceed the Limitation on Lawsuit threshold, they can file a personal injury claim with the negligent party’s insurance provider to seek compensation for their damages.

Right of Way in a Four-Way Stop

The driver who arrives to a four-way stop first has the right of way, meaning that they may pass through the intersection first. When two or more vehicles are at the stop and cannot determine which arrived first, the driver furthest to the right has the right of way.

Right of way laws in New Jersey go beyond this, though. In New Jersey, motorists must yield to the following:

Pedestrians in crosswalks
Traffic in a position that would otherwise cause an accident if the motorist fails to yield
Emergency vehicles sounding their sirens and lights
Buses and postal vehicles reentering traffic after a stop
Trains moving through crossings
Motorized scooters and other mobility devices
Although pedestrians are not supposed to jaywalk or cross when the traffic signal tells them to remain on the sidewalk, motorists must yield to pedestrians who are illegally crossing the street. As a general rule, motorists should always yield in situations where failing to yield could cause an accident, even when they technically have the right of way.

Which Party was Negligent?

When a motorist is injured and considering filing a personal injury claim, they must determine the negligent party and demonstrate how that party’s negligence caused the accident. Drivers who disregard traffic laws, such as running through red lights and exceeding the posted speed limit, are typically said to be negligent. Other negligent driving behaviors include:

Text messaging or talking on the phone without a hands-free device while driving
Driving while drunk or under the influence of drugs

A victim must submit evidence of the other driver’s negligence with their claim. This can include photographs, witness testimony, and the official police report.