Broken Traffic Signal or Missing Stop Sign Crash: Who Is Liable?

Table of Contents

Who is liable for a crash at an intersection with a broken traffic signal or a missing stop sign?

A driver approaching an intersection with official traffic control signals that are not working must stop there and may proceed with caution when it is safe to do so (Vehicle Code section 21800). On the public entity side, a condition is not dangerous merely because the entity never provided regulatory traffic control signals, stop signs, yield signs or speed restriction signs (Government Code section 830.4).

When a missing warning can still make the entity liable

A public entity is generally not liable for an injury caused by the failure to provide traffic or warning signals, signs, markings or devices described in the Vehicle Code (Government Code section 830.8). It can still be liable where a signal, sign, marking or device, other than the regulatory kinds listed above, was necessary to warn of a dangerous condition that endangered the safe movement of traffic and would not be reasonably apparent to, or anticipated by, a person exercising due care.

The general test for a dangerous condition

Liability for a dangerous condition of public property also requires proof that the condition caused the injury, that the risk was reasonably foreseeable, and that a negligent or wrongful act or omission of a public employee, acting within the scope of employment, created the condition or the entity had notice of it in time to protect against it (Government Code section 835).

Fault among the drivers

California assigns responsibility in direct proportion to each party’s negligence (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). If the other side proves you were negligent and that this was a substantial factor in your harm, your damages are reduced by your percentage of responsibility (CACI No. 405, Comparative Fault of Plaintiff).

The claim against a city or county

A claim for injury against a public entity must be presented within six months after the cause of action accrues (Government Code section 911.2). No lawsuit for damages may be brought against the public entity until a written claim has been presented and acted on or deemed rejected (Government Code section 945.4).

What to record at the scene

Photos or video of the dark signal, the knocked-down sign or the empty post.
The time, the direction each car was traveling and who entered the intersection first.
Witness names and numbers.
Any report made to the city, county or Caltrans about the signal or sign.

Frequently asked questions

Who goes first when two cars reach a dark signal at the same time?

When two vehicles enter from different highways at the same time, the driver on the left must yield to the driver on the right, except that a driver on a terminating highway yields to vehicles on the continuing highway (Vehicle Code section 21800).

If a broken signal or missing sign led to your crash, call the Law Offices of J. Chrisp 24/7 at 877-J-CHRISP (877-524-7477) for a free consultation. There is no fee unless we win.

About the Law Offices of J. Chrisp

The Law Offices of J. Chrisp is a Northern California personal injury law firm founded by attorney Jesse Chrisp, who was raised in Lake County. The firm represents injured people, with offices in Lower Lake (main office), Santa Rosa and San Francisco, and serves Sonoma, Napa, Lake and Mendocino counties and the San Francisco Bay Area. Consultations are free, the firm works on a contingency fee with no fee unless the firm wins, and the phone is answered 24/7 at 877-J-CHRISP (877-524-7477). The firm was named to Best Law Firms 2026 (Tier 1, Santa Rosa, Personal Injury Litigation – Plaintiffs). Jesse Chrisp has been recognized by The Best Lawyers in America since 2024 and selected to Super Lawyers from 2023 to 2026.

Crash Caused by a Broken Traffic Signal or Missing Stop Sign: Who Is Liable?