Few things cause more consternation than having to come to a complete stop at a stop sign when there’s nobody else around. Despite this, they’re still crucial to public safety, with around 700,000 crashes reported to police involving stop signs each year, per a study from ScienceDirect.
Stopping at stop signs is something that goes without saying because it's a type of traffic signal and all motor vehicles must obey them, just like they must obey the posted speed limit. Nevertheless, many drivers remain blissfully unaware of whether they’re obligated to come to a complete stop and how long counts as a complete stop.
Today’s guide discusses how long you should wait at a stop sign before proceeding and what happens if you fail to stop. Failing to follow this basic rule can not only result in a ticket but can also lead to serious accidents. If you've been involved in an accident due to someone else running a stop sign, you should speak with an experienced Austin car accident lawyer.
Key Takeaways
- All drivers must come to a complete halt at the stop line whenever they encounter a stop sign, regardless of where they are in the country, with no local laws saying otherwise.
- No law exists on how long you’re required to stop, but general safety guidance says you should stop for at least two to three seconds before proceeding.
- Rolling stops, known as California Stops, are illegal in every part of the country and will lead to a traffic citation if an officer sees you doing it.
- The penalties for not obeying stop signs range from fines and increased auto insurance premiums to points on your license and criminal charges if your actions result in an accident.
- Not obeying stop signs, particularly at intersections, is one of the leading causes of injuries and deaths on the road. These laws are designed to protect drivers and other road users from harm.
- If you’re hit by another driver and injured, you should speak to a personal injury attorney to determine your next steps, including filing a claim against the at-fault driver’s insurer and filing a formal lawsuit.
Defining the Stop: How Many Seconds Should You Wait at a Stop
No law mandates how long you should wait at a stop sign. In the Lone Star State, the Texas Transportation Code 544.010 requires you to come to a complete halt. In other words, your wheels must no longer be turning, and your car is no longer in motion to comply with the law.
The rule is designed to outlaw rolling stops, or the California Stop. Regarding time limits, you’re only required to come to a complete halt and yield the right of way when required, such as to pedestrians moving across a crosswalk.
The Three-Second Rule: A Common Guideline
Most traffic experts recommend stopping for a full three seconds at every stop sign. The reasoning behind this is that three seconds gives you sufficient time to check for oncoming traffic and potentially avoid an accident.
However, many drivers are surprised to realize that the three-second rule has no basis in law anywhere in the U.S. It’s considered a round number that balances the need for safety without causing unnecessary congestion. The latter issue is always a hot topic of debate because the University of Maryland finds that stop signs are responsible for up to 20% of all congestion.
Complete Cessation vs. Rolling Stops: What’s the Difference?
Rolling stops involve slowing down but never coming to a complete stop. The driver then checks to see what’s coming before hitting the accelerator again. In contrast, complete cessation is the legal definition of a stop.
If you don’t come to a complete stop, you’re breaking the law. No jurisdiction – rural or urban – allows for rolling stops. Nevertheless, it’s a serious problem. For example, the Federal Highway Administration reports that 25% of all fatal crashes occur at intersections controlled by stop signs.
What is a California Stop?
Otherwise known as a California Roll, the California Stop is a rolling stop where a driver never actually stops entirely when approaching a stop sign. The name arises because it’s a typical driving behavior in California.
According to the Los Angeles Times, a single California parks agency admitted that it issues around 17,000 tickets a year for various stop sign violations, including the California Stop. Despite the name, it’s illegal in every part of California.
Are Rolling Stops Legal? A State-by-State Overview
Federal law has little to say on the legality of rolling stops, but it’s unanimously agreed among states that a rolling stop is a threat to road safety, so every state bans the practice. Additionally, there are no individual counties or municipalities that allow it. The only difference is how states choose to punish drivers.
Are Idaho Stops Legal?
Rolling stops are always illegal, but an Idaho Stop is allowed in eight different states, including Washington, Oregon, Delaware, and Idaho. The Idaho Stop pertains specifically to cyclists and provides an exception to the rolling stop rule.
An Idaho Stop means that cyclists don’t have to stop at stop signs and can carry on as long as they yield to other traffic and pedestrians when required. Although it may sound counterproductive, a study from Delaware reported a 23% decrease in the number of car-bike crashes after enacting this law.
Consequences of Running a Stop Sign: Fines, Points, and More
Running a stop sign is usually just a minor traffic citation, such as running a red light. Every state can decide how it punishes drivers for this infraction, but most states follow a similar line of thinking, including fines, points, and potential criminal charges.
Here’s a breakdown of the consequences of not stopping at a stop sign:
- Fines – The most common penalty is a fine. Every state and municipality may set its own scale, meaning that fines could range from a couple of dollars to a few hundred dollars, depending on where you are.
- Points – States that use this driver licensing system may put points on your license. Acquiring license points can eventually lead to suspending your driving license or even seeing it revoked entirely.
- Insurance Premiums – Traffic violations appear on your driving record, meaning your auto insurer can see them. Violations increase your risk profile, meaning your auto premiums will rise, which could cost you hundreds of dollars in the years ahead.
Some states may also charge you criminally if your actions resulted in a traffic accident, especially if that accident led to serious injuries or deaths. Depending on the circumstances, this could lead to mandatory jail time. Suddenly, a simple traffic citation could morph into a reckless driving charge.
How Much is the Ticket for Running a Stop Sign?
The ticket varies from state to state and county to county. Generally, you’ll receive a ticket, driver’s license points, and perhaps a mandatory appointment at a traffic school. In Texas, the fine could be as low as $60 but as high as $350.
For example, a fine in Dallas could be worth up to $226 when court costs and fees are accounted for. Although that might not sound like much, the increased auto insurance premiums and the potential for your license to be suspended are punishments you can’t avoid.
Safety Considerations at Stop Signs
Stop signs are traffic control tools designed to reduce the number of accidents. Currently, the IIHS reports a road traffic death rate of 12.8 deaths per 100,000 people, which is far higher than many other countries.
Although they might be irritating when you’re in a hurry and there’s nobody else around, stop signs are there to protect you. Failure to stop at a stop sign could potentially leave you with life-changing injuries or even result in your death.
Are those extra seconds saved worth the risk to you and your family?
Why are Rolling Stops Dangerous?
Rolling stops aren’t proper stops and are little better than ignoring a stop sign entirely. There’s an inherent danger in rolling stops as they reduce your awareness, limit your reaction times, and could also lead to drivers increasing their average speeds.
Here’s some further insights into why they’re so dangerous:
- Reduced Awareness – Many drivers choose the rolling stop because they feel like the roads are quiet. For example, you might be on a rural road, or it might be the middle of the night. The problem is that drivers naturally don’t expect rolling stops and may enter an intersection without accounting for your rolling stop.
- Threat to Life – Pedestrians are especially vulnerable to rolling stops. Walkers may be crossing a crosswalk (where they have the right of way), and a fast-approaching vehicle could wipe them out. Additionally, don’t discount other vehicles, especially larger ones, which may not have enough time to take evasive action.
- Reduced Reaction Times – When you don’t come to a total halt, you’ve reduced your own reaction times. It may only be a couple of seconds, but those extra seconds could mean the difference between spotting a danger in time and a trip to the morgue.
- Increased Speed – Safety experts have voiced the dangers of not prosecuting rolling stops in the past. When rolling stops become the norm, drivers gradually increase their speeds, which could further drive up the accident rate.
Some drivers may roll their eyes at the risks, but rolling stops are illegal because, nationwide, the elevated risk of a rolling stop isn’t worth the trade-off of saving drivers a few seconds.
What to Do If You’re Injured By a Driver Running a Stop Sign
Getting struck by a driver who ran a stop sign gives you the legal right to lodge a claim against your insurer or file a personal injury lawsuit. You have the right to receive recompense for all damages, including economic costs like medical bills, and non-economic costs, such as pain and suffering.
So, what should you do if you’re injured because a driver didn’t wait at a stop sign?
- Seek Medical Help – If you’ve received serious injuries, call 911 and ask for an ambulance to attend. Your safety is paramount, and you should always prioritize your health over anything else. If you’re not seriously injured, ensure you call and ask for a police officer to attend.
- Exchange Contact Details – By law, the driver should have stopped. Exchange contact and insurance details with them. This is required by law, and driving off is a hit-and-run offense that comes with criminal penalties. If the driver left the scene, inform the police and provide them with as much detail as possible to help track them down.
- Gather Evidence – If you can, use your smartphone to gather evidence. Take pictures of any visible injuries, any damage to your property, like your vehicle, and the general accident scene. Also, approach any eyewitnesses and ask them to supply their contact details so your lawyer can contact them later.
- Head to the Emergency Room – The next step is to visit the emergency room after an officer has arrived and filled out an official police accident report. You might feel okay, but traffic injuries may not immediately show symptoms. For example, whiplash, concussion, and internal bleeding might not appear until hours or days later.
- Notify Your Insurer – Drivers must notify their insurers that they’ve been involved in an accident, per their policy’s terms and conditions. Obviously, if you were a pedestrian, you can skip this step.
The first step to receiving compensation will be filing a claim against the at-fault driver’s insurer, but we recommend contacting an experienced car accident attorney first. Your lawyer will provide invaluable help in getting you the maximum amount of compensation.
How Personal Injury Lawyers Assist Victims of Stop Sign Accidents
Personal injury lawyers are there to fight your corner and assert your legal right to compensation. Your attorney’s job is to gather evidence, build the strongest case, and deal with the at-fault driver’s insurance company.
Some of their functions include:
- Advising you on the right moves.
- Gathering evidence.
- Evaluating the value of your case.
- Negotiating with auto insurers.
- Overcoming bad-faith insurance tactics.
- Filing personal injury lawsuits.
Above all, they’re there to ensure you aren’t leaving money on the table and get what you’re entitled to in full. It’s about holding negligent parties to account and ensuring that you’re not left out of pocket because of the actions of others.
Common Scenarios at Stop Signs: When is a Stop Sign Optional?
A stop sign is never optional from a legal perspective. You’re always required to come to a complete stop at any sign you encounter on a public roadway in Texas. It doesn’t matter whether there’s no other human in sight.
But some misconceptions exist regarding stop signs and when you’re entitled to ignore them. Here’s a rundown of three of these situations and what they mean for you:
- Private Property – Stop signs on private property aren’t legally enforceable. Police cannot enter private property and ticket drivers for stop sign violations. However, it’s still wise to obey them anyway.
- Misplaced Signs – What if a stop sign is obscured due to foliage or hasn’t been placed correctly? Contrary to popular belief, it is mitigation, but you could still be held legally liable. What happens next really depends on the exact circumstances.
- Stop Sign Overrides – Occasionally, you might encounter an officer directing traffic at a stop sign. In all cases, you should obey the officer first and ignore the stationary sign.
In short, stop signs aren’t really optional unless they’re located on private property where there’s no legal weight behind them. In Texas, you must always come to a complete halt at every stop sign you see unless an officer at the scene tells you otherwise.
Handling Busy Intersections: Best Practices
Stop signs are ever-present at most busy intersections in Texas. They’re there to reduce the number of accidents here because it’s the most dangerous place on the road, with the FHA reporting that 40% of all accidents occur here, representing half of all injuries.
Naturally, drivers can get confused when confronted with busy intersections, so how should you deal with the situation?
- Always come to a complete stop. That applies even if the intersection is congested and there's traffic moving at a glacial pace.
- Stagger your movements. Move based on who arrived first and the person on your right.
- Don’t try to force your way through sudden gaps or skip the line.
No Vehicles in Sight: How Long Should You Wait?
Drivers may be tempted to ignore stop signs when there’s nobody around, especially in rural areas where law enforcement is unlikely to be present.
The point is that you should stop regardless and use the same three-second rule as in a major urban area. You don’t really know if there’s no other traffic around, and fast-moving vehicles can come out of nowhere.
Stop for three seconds and scan the general area before moving on. Many turns and intersections are filled with blind stops. Plus, don’t forget that traffic officers often purposely target these low-traffic areas because they know that drivers often ignore stop signs.
Addressing Common Misconceptions About Stop Signs
Stop signs might seem simple, but drivers still have a plethora of misconceptions about them. Unfortunately, these are often passed from generation to generation, which results in more accidents and more lives ruined.
Here are the most common misconceptions people might say:
- “Nobody is around, so I can keep going.” – Not true. There’s no movement in the law for how much traffic has to be around for drivers to start obeying stop signs. You must stop even if it’s 3 am on a rural road without a soul in sight.
- “I slowed to a crawl, so it counts.” – This is a rolling stop, and it’s illegal in every part of the country with no exceptions. Texas law is extremely clear that only a complete stop counts as a stop.
- “I don’t have to stop if nobody is coming, and I’m turning right.” – Making a quick right turn when there’s nobody around may seem harmless enough, but it’s still against the law.
- “Stop signs are always the same.” – This one is partially true. All stop signs on public roadways are the same in that they require you to come to a complete stop, but ones on private property don’t have any legal weight.
- “I didn’t see the sign.” – Not seeing the sign doesn’t automatically get you out of a ticket, even if your view was obscured, such as by other cars or a steep hill. If you can prove that the sign was so obscured that a driver would reasonably not notice it, you could get your ticket overturned, but it usually just means you weren’t paying attention.
What Everyone Gets Wrong About Stop Signs and Traffic Rules
Experienced drivers can get into bad habits over time. For example, how many drivers do you know who drive with only one hand on the wheel?
Just because drivers do something doesn’t mean it’s legal. The rolling stop is the most common example of this. Residential areas often struggle with this one because the lack of traffic and low speeds mean that drivers have a habit of treating stop signs like yield signs, which is against the law.
Stop signs also create problems regarding right-of-way laws. Each state has its own variation on right-of-way laws, which causes confusion. Simply being ready to go doesn’t mean you should go. Always follow the legal right of way at stop signs.
For example, if you’re at a four-way stop, the driver who arrives first should go first. If there’s a tie, the vehicle on the right has the right of way.
How Many Seconds Must You Stop to Avoid a Ticket?
No law states a specific time frame for how long you must stop. Moreover, no state has much to say on the issue. Instead, officers are told to follow the three-second rule. Drivers who stop for two or three seconds demonstrate their compliance and won’t incur the wrath of a watching officer.
The three-second rule is also something that most road safety experts agree offers a good balance between checking for hazards without causing undue congestion.
Can I Overturn a Ticket for Running a Stop Sign?
Getting a citation for running a stop sign is frustrating. Rarely will you succeed in getting one overturned because you must have proof that the officer was wrong in ticketing you and that you did come to a complete stop.
For example, if you have an active dashcam, you could show that you stopped for the required length of time and that the reading from an officer sitting in their police car was incorrect. The only law is that you must come to a complete stop, so even if your car did stop entirely for just one second, this is enough to demonstrate compliance.
The other situation whereby you can get a ticket overturned is showing that the sign wasn’t sufficiently visible. Several scenarios that hide a sign from view may crop up, and drivers couldn’t reasonably be expected to see it, like:
- Driver A passes a stop sign without seeing it because uncut foliage on public property blocked out the sign.
- Driver B passes a stop sign they didn’t see because heavy snow completely blocked the sign.
- Driver C failed to come to a complete stop because the stop sign had been vandalized or removed without authorization.
These are just three examples of excuses that could be used to overturn your ticket. It’s also critical to remember that if this resulted in an accident, you might have grounds to file a personal injury lawsuit against the municipality itself.
Is There a Difference in Stopping for Motorcycles vs. Cars
From a legal perspective, stop sign laws apply to all road users, including cars, trucks, and motorcycles. The one exception is if you live in one of eight states with Idaho Stop laws, which exempts cyclists from having to come to a complete stop.
Note that you still have a duty of care to any motorcycles you encounter. Remember, they’re smaller and harder to see, especially at busy intersections. Moreover, motorcycles often need extra space to balance or adjust positioning after coming to a stop and taking off again.
Overall, there are no quirks in the law for motorcycles, and they must follow the same rules as any other road user.
