Who is at fault?

Question

A car in a funeral procession went through a red light as a part of the procession. It was struck by a car that must not have recognized that there was a funeral procession, drove through a green light and struck the car in the procession. Who is at fault? Whose insurance is to pay? This accident occurred in Maryland.

Answer 1

The majority, if not all states, have laws similar to this on the books:

265:156 Funeral Procession Right-of-Way; Funeral Escort Vehicles; Funeral Lead Vehicles. – Notwithstanding any provision of this chapter to the contrary, the following provisions shall apply:
I. The operator of a funeral lead vehicle shall comply with stop signs and traffic control signals. When the funeral lead vehicle has proceeded across an intersection in accordance with a signal or after stopping as required by a stop sign, all vehicles in the funeral procession may proceed without stopping, regardless of the sign or signal. The lead vehicle and the vehicles in the funeral procession shall proceed with due caution. Operators of vehicles in a funeral procession shall have the right-of-way.
II. All vehicles comprising a funeral procession shall follow the preceding vehicle in the funeral procession as closely as is practical and safe. Each vehicle of the funeral procession shall be appropriately marked by having funeral flags or windshield signage, and headlights, taillights, and, if so equipped, hazard flasher on. A funeral escort or funeral lead vehicle shall use and be equipped with a purple flashing or emergency light.
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Once the lead vehicle, usually the hearse, has gone through, all vehicles will follow as closely as possible regardless of the state of the traffic control device. If someone pulls out and gets hit, they are at fault.

Answer 2

Subject to whatever the local law is in Maryland, I would think that the person in the funeral procession is at fault. Unfortunately, allowing a funeral procession to go through a red light is a courtesy, and nothing more.

Answer 3

State laws vary.
In Texas only emergency vehicles have the right of way (when the lights are flashing). A traffic control device would be the determining factor as well as if a Peace officer or other escort was used for the procession (ie. directing traffic). It sounds like the vehicle that failed to obey the traffic signal would be at fault.

Funeral processions DO NOT have the right of way in Texas.

Answer 4

In Texas the vehicle in the procession is NOT at fault. However, there was a poor job done in blocking the intersection. Usually police officers should block intersections until there are enough cars there already stopped to prevent that from happening.

Answer 5

the vehicle in the procession had the right of way, since a funeral procession is always granted such. the police escort, which there should have been, should have blocked the intersection, but ,may leave prior to the procession reaching the next signal or roadway.

Answer 6

you would need to check, especially on the east coast, it may be the driver who went through the green, Maryland is an old state and old state laws are still laws. you know if you hit a mail truck, in any state, you are at fault. no ifs/ands/buts your fault.

if it weren't Maryland i would say funeral schmuneral... but with those damn easterners you just never know



p.s. you NEVER want to be the one guy who doesn't wait while everyone else does, at least not in these parts. 'd kill you!

Answer 7

the car who hit the car that was in the funeral is at fault,you always yield to a funeral,even if the light s green,good luck.

Answer 8

Dodge man is right.......all drivers in a funeral procession has the right of way (If you hit one...you're at fault), & I think the law is the same in all states.

Answer 9

Funeral car, I know someone who hit a cop car, guy was going through a green light, cop was running a red, guy hit cop, guy wasnt at fault.