8-1528. Stop signs and yield signs; duties of drivers. (a) Preferential right-of-way may be indicated by stop signs or yield signs as authorized in K.S.A. 8-2008, and amendments thereto.
(b) Except when directed to proceed by a police officer, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After having stopped, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time when such driver is moving across or within the intersection or junction of roadways. Such driver shall yield the right-of-way to pedestrians within an adjacent crosswalk.
(c) The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection or junction of roadways. Such driver shall yield the right-of-way to pedestrians within an adjacent crosswalk. If a driver is involved in a collision with a vehicle in the intersection or junction of roadways or with a pedestrian in an adjacent crosswalk, after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of the driver's failure to yield the right-of-way.
History: L. 1974, ch. 33, § 8-1528; L. 1995, ch. 188, § 5; July 1.
Source or prior law:
8-552, 8-568.
Cross References to Related Sections:
Movement of military forces, right-of-way, see 48-252a.
CASE ANNOTATIONS
1. Placing of stop or yield signs not required in order to constitute a through highway. Ellis v. Sketers, 1 Kan. App. 2d 323, 326, 54 P.2d 568.
2. Conviction under this section upheld; no error in allowing amendment of complaint at trial or allowing memoranda to refresh recollection of witness. State v. Wright, 4 Kan. App. 2d 196, 603 P.2d 1034.
3. Where preliminary hearing showed speeding through stop sign done wantonly, involuntary manslaughter charge (K.S.A. 21-3404) proper. State v. Burrell, 237 Kan. 303, 306, 308, 699 P.2d 499 (1985).
4. Cited; viable fetus not a "human being" within meaning of aggravated vehicular homicide statute (K.S.A. 21-3405a) determined. State v. Trudell, 243 Kan. 29, 32, 755 P.2d 511 (1988).
5. Whether driver who fails to slow down and obey yield sign is negligent per se examined. Burns v. Benedict, 827 F. Supp. 1545, 1548 (1993).
6. Alleged breach of duty by landowner to remove traffic hazard on property was not cause of accident. McCleary v. Boss, 24 Kan. App. 2d 791, 793, 955 P.2d 127 (1997).
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