Yielding the right of way means allowing another vehicle, pedestrian, or cyclist to proceed ahead of you. New York’s Vehicle and Traffic Law (VTL) requires drivers to yield in specific situations, including at intersections, traffic circles, crosswalks, and when emergency vehicles approach. Failure-to-yield crashes can cause serious injuries, especially at intersections, crosswalks, and while turning.
If you were hurt in a crash caused by a driver who failed to yield, our Brooklyn car accident lawyers at Kucher Law Group can help you pursue compensation. Attorneys Samantha Kucher, Michael Roitman, and Alex Rybakov represent injured drivers, passengers, pedestrians, and cyclists throughout Brooklyn and Kings County.
This guide explains what yielding the right of way means in practice, which VTL sections require drivers to yield, how right-of-way rules apply to pedestrians and cyclists, and what steps to take if a failure-to-yield accident leaves you injured.
If you were injured in a failure-to-yield accident, Kucher Law Group can help you evaluate your legal options and pursue compensation. Call (929) 563-6780 to schedule a consultation about your case.
What Does It Mean to Yield the Right of Way?
According to traffic law, right-of-way means the right to proceed. When two vehicles or parties come to or occupy the same area or intersection simultaneously, one of these parties will lawfully have the right-of-way. In practical terms, yielding the right of way means slowing down, stopping if necessary, and allowing the other vehicle, cyclist, or pedestrian to move ahead of you or cross the road in front of you.
All states have laws that detail circumstances when a driver, cyclist, or pedestrian has the right-of-way or must grant the right-of-way to another party. In New York, these rules are found in the Vehicle and Traffic Law, including VTL §§ 1140-1146 for driver right-of-way rules, VTL §§ 1150-1152 for pedestrian rules, and VTL § 1231 for bicyclists’ rights and duties on roadways.
A driver who does not have the right-of-way must wait until the road user who does have it has safely passed or crossed. Failing to do so is a traffic violation and, when it causes a crash, a basis for civil liability.
Key Takeaway: Yielding the right of way means stopping or slowing down to let another road user go first. New York’s VTL identifies exactly when drivers, cyclists, and pedestrians must yield and to whom.
When Does New York Law Require a Driver to Yield?
New York law requires drivers to yield the right-of-way in several distinct situations. These rules most often come into play at intersections, but they also apply when entering roadways, approaching traffic circles, and encountering pedestrians or emergency vehicles.
Failure to yield situations most often occur at intersections, including the following common scenarios:
- Stop and yield signs: At a stop sign or yield sign, a driver must stop or yield as required and give the right of way to vehicles already in the intersection or approaching closely enough to be an immediate hazard (VTL § 1142).
- Uncontrolled intersections: When vehicles approach an intersection without traffic signals or signs, the vehicle that is entering first or already in the intersection has the right-of-way (VTL § 1140).
- Left-hand turns: A vehicle making a left-hand turn must yield the right-of-way to any oncoming traffic (VTL § 1141).
- Four-way stops: At a four-way stop, drivers who arrive at the intersection first have the right-of-way. Vehicles that arrive at the same time must yield to the vehicle to their right (VTL § 1142).
Drivers in other situations can also be cited under the failure to yield the right-of-way laws, including the following:
- Entering a larger roadway: A driver entering or crossing a roadway from a driveway, parking lot, alley, or other place that is not another roadway must yield the right-of-way to vehicles approaching on the roadway to be entered or crossed (VTL § 1143)
- Yield signs and traffic circles: At a yield sign, a driver must slow or stop as needed and yield as required by VTL § 1142. A driver approaching or entering a traffic circle must yield to vehicles already traveling in the circle under VTL § 1145.
- Pedestrians: Drivers must yield to pedestrians crossing within marked or unmarked crosswalks as required by VTL § 1151. Even when a pedestrian is crossing outside a crosswalk or unlawfully, drivers still must exercise due care to avoid a collision under VTL § 1146.
Key Takeaway: New York’s yield laws cover far more than traffic signals. Drivers must yield at uncontrolled intersections, when turning left, when entering a roadway from a non-roadway, at traffic circles, and to pedestrians crossing within marked or unmarked crosswalks when required by law. Drivers also must exercise due care to avoid colliding with pedestrians and bicyclists.
Car Accident Attorneys in Brooklyn – Kucher Law Group
Samantha Kucher, Esq.
Brooklyn car accident attorney Samantha Kucher represents individuals injured in accidents throughout New York. Her background includes work with the New York County Family Law Pro Bono program, where she assisted individuals and families with legal matters who could not afford representation. She began her legal career with a focus on helping individuals who may not otherwise have access to legal services.
She earned her bachelor’s degree from New York University and her Juris Doctor from New York Law School. Samantha works closely with her clients and handles a wide range of car accident and personal injury cases, with an emphasis on clear communication and thorough case preparation. Her work includes representing clients in claims involving injuries caused by the negligence of others.
Michael Roitman, Esq.
Michael Roitman is a car accident attorney with experience handling difficult personal injury cases involving motor vehicle accidents, premises liability, and other claims. He has represented clients in both settlement negotiations and trial proceedings, securing significant results in a variety of cases. His case experience includes motor vehicle accidents, slip and fall incidents, labor law claims, and medical malpractice matters.
He earned his bachelor’s degree from New York University and his Juris Doctor from Western Michigan University Cooley Law School. Michael is admitted to practice in New York and New Jersey, as well as in federal courts, and focuses on building strong cases supported by detailed evidence and legal analysis. He has obtained multiple seven-figure settlements and verdicts in personal injury cases.
Alex Rybakov, Esq.
Alex Rybakov is a founding member of Kucher Law Group and a car accident attorney who focuses exclusively on personal injury law. He has more than a decade of experience representing clients in cases involving car accidents, slip and falls, workplace injuries, and medical malpractice. His work also includes handling product liability claims and wrongful death cases.
He earned his bachelor’s degree from New York University and his Juris Doctor from Seton Hall Law School. Alex works directly with clients throughout the legal process and handles cases from initial investigation through resolution, with a focus on practical strategies and consistent communication. He has secured numerous successful settlements for clients across a range of personal injury matters.
What Are New York’s Right-of-Way Rules at Intersections?
Most right-of-way disputes in Brooklyn happen at intersections. The New York VTL assigns specific rules depending on the type of intersection, whether traffic signals are present, and who arrives first. The table below summarizes the key statutes.
| Situation | Relevant VTL Section(s) | Rule |
|---|---|---|
| Traffic signals or signs at intersections | VTL § 1142 | Drivers approaching a stop sign must stop, and drivers approaching a yield sign must slow or stop as needed and yield to vehicles already in the intersection or approaching. |
| No signal or sign (uncontrolled intersection) | VTL § 1140 | The vehicle entering first or already in the intersection has the right-of-way; if two arrive simultaneously, the vehicle on the left yields to the vehicle on the right. |
| Left-hand turn | VTL § 1141 | The turning vehicle must yield to oncoming traffic and pedestrians before completing the left turn. |
| T-intersection | General intersection rules | Drivers on the through street have priority; those on the terminating road must yield unless controlled by signs. |
| Four-way stop | VTL § 1142 | Vehicles must stop fully and then yield right-of-way to vehicles that entered first; if simultaneously, yield to the vehicle on the right. |
What Happens When Two Cars Arrive at the Same Time?
Under VTL § 1140, when two vehicles arrive at an intersection at the same time, the vehicle to the left must yield the right-of-way to the one on the right. At a four-way stop, drivers who arrive at the intersection first have the right-of-way. Vehicles that arrive at the same time must yield to the vehicle to their right.
Who Has the Right of Way at a Left Turn?
Under VTL § 1141, a vehicle making a left-hand turn must yield the right-of-way to any oncoming traffic. The turning vehicle must also yield to pedestrians in the crosswalk before completing the left turn.
Who Yields at a T-Intersection?
At a T-intersection, traffic on the through road generally has priority, but the controlling signs, signals, and surrounding right-of-way rules still govern. The driver on the terminating road cannot turn left or right until they can safely do so without creating a hazard to oncoming traffic.
Key Takeaway: Right-of-way at an intersection depends on the type of intersection, who arrived first, and whether traffic controls are present. When two vehicles arrive at the same time, the vehicle on the left must yield to the vehicle on the right.
Who Must Yield at a New York Traffic Circle?
Under VTL § 1145, a driver approaching or entering a rotary traffic circle or island must yield the right of way to vehicles already traveling in the circle unless a traffic control device directs otherwise.
Brooklyn has several roundabouts and traffic circles where these rules apply. Drivers entering any traffic circle must slow down, watch for vehicles already inside the circle, and yield before merging into the flow of traffic.
Key Takeaway: Under VTL § 1145, drivers entering a traffic circle must yield to vehicles already in the circle. This rule applies at every roundabout and rotary in Brooklyn and across the state.
What Are New York’s Right-of-Way Laws for Pedestrians?
Pedestrians are also responsible for their own actions on the streets of Brooklyn. While drivers of vehicles have the bulk of the responsibility for yielding the right-of-way, pedestrians who do not follow their own rules can be held accountable if an accident results.
New York’s VTL includes specific right-of-way statutes for both drivers and pedestrians, summarized below:
- VTL § 1150: Pedestrians are subject to traffic-control signals under VTL § 1111, and at other locations, their rights and duties are governed by Article 27 of the VTL.
- VTL § 1151: Drivers must yield to pedestrians crossing within a crosswalk even when there is no signal or sign. A driver may not pass a vehicle that has stopped for a pedestrian at a crosswalk. Drivers must also yield to pedestrians on sidewalks when entering or exiting buildings, private roads, driveways, or alleys.
- VTL § 1152: Pedestrians must yield the right-of-way to vehicles on a street when there is no crosswalk.
Under VTL § 1146, every driver must exercise due care to avoid colliding with a pedestrian at all times, even if the pedestrian is crossing unlawfully. Under New York case law, a violation of a standard of care imposed by the Vehicle and Traffic Law may constitute negligence per se.
Key Takeaway: Pedestrians generally have the right-of-way at marked and unmarked crosswalks, and drivers must always exercise due care under VTL § 1146. However, pedestrians must yield to vehicles when crossing outside of crosswalks or against a traffic signal.
What Are the Right-of-Way Rules for Cyclists in New York?
Under VTL § 1231, people riding bicycles on a roadway generally have the same rights and duties as drivers, unless a specific bicycle rule says otherwise. This means cyclists must stop at red lights and stop signs, yield to pedestrians in crosswalks, yield to vehicles already in an intersection, and yield to traffic already in a traffic circle before entering.
In Brooklyn, cyclists share busy streets with cars, trucks, and buses. Failure-to-yield issues commonly arise in bicycle crashes, especially at intersections and while drivers turn across a cyclist’s path. Under VTL § 1146, every driver of a motor vehicle must exercise due care to avoid colliding with any bicyclist on the roadway.
Cyclists who are injured by a driver’s failure to yield have the same right to pursue a personal injury claim as any other accident victim. The driver’s failure to follow VTL right-of-way rules may be used as evidence in a negligence claim
Key Takeaway: Cyclists in New York must follow the same right-of-way rules as motorists. Drivers are required under VTL § 1146 to exercise due care to avoid hitting cyclists, and a failure to yield that causes a crash can support a negligence claim.
When Must Drivers Yield to Emergency Vehicles in New York?
Under VTL § 1144, drivers must yield the right-of-way to authorized emergency vehicles when they are using audible signals (sirens) or visual signals (flashing lights). This rule applies to ambulances, fire trucks, police cars, and other authorized emergency vehicles.
If an authorized emergency vehicle approaches, drivers must move as close as possible to the right-hand edge or curb of the roadway, clear of any intersection, and stop until it has passed. On a one-way roadway three or more lanes wide, a driver may pull to either edge. If you are in an intersection, clear the intersection first and then pull over and stop.
Additionally, New York’s Move Over Law (VTL § 1144-a) requires drivers to change lanes or slow down when passing any stopped vehicle on the side of the road. Breaking these laws can result in fines, license points, and even criminal charges if someone is hurt.
A violation of VTL § 1144 can result in traffic penalties, and more serious consequences may apply depending on the facts of the incident.
What Causes Most Failure-to-Yield Accidents?
Many right-of-way accidents happen because drivers are distracted, impatient, or negligent. A driver may ignore a yield sign or fail to stop at a crosswalk because they are texting while driving. Other common causes include speeding through intersections, failing to check mirrors before turning, and misjudging the speed of oncoming traffic.
New York has implemented stricter laws, increased penalties, and deployed additional safety features to address right-of-way violations. Despite these measures, failure to yield remains one of the leading causes of fatal injuries in Brooklyn. When a driver’s distraction or impatience is well documented, proving negligence in a personal injury claim is often straightforward.
How Does Failure to Yield Affect Liability in New York?
When an accident occurs as a result of someone’s failure to yield the right-of-way, a driver who fails to yield is often liable for the crash, but damages may be reduced if another party also shares fault. An unexcused violation of an applicable VTL right-of-way statute can establish negligence per se, but the injured party still must prove causation and damages.
If an accident and injury result, it must be proven that:
- The other party had a duty to yield the right-of-way under the circumstances
- The other party breached that duty
- The breach was a proximate cause of the crash
- The injured person suffered damages
In some cases, a defendant may argue that the injured party was partly to blame for the accident and injuries. New York law considers comparative negligence when more than one party is at fault for an accident under CPLR § 1411. If the injured party is partially at fault for the accident, their recovery will be reduced by the percentage of their fault.
New York follows a pure comparative negligence rule, which means an injured person can still recover damages even if they are found to be more than 50% at fault. However, the award will be reduced by the percentage of fault assigned to the injured party.
Key Takeaway: The driver who failed to yield is typically liable for all resulting damages. A VTL violation is negligence per se, and even if the injured person shares some fault, New York’s pure comparative negligence rule under CPLR § 1411 allows them to recover a reduced amount.
What Damages Can You Recover After a Failure-to-Yield Accident?
If you have been injured by a driver who has failed to yield the right-of-way, you may be entitled to compensation for your injuries. Recoverable damages can include:
- Current medical expenses
- Future medical expenses
- Lost wages
- Future lost earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
If the accident resulted in a fatality, family members may have the right to seek wrongful death damages to be compensated for their losses as a result of the death of their loved one. A Brooklyn wrongful death attorney can help surviving family members understand their options.
New York is a no-fault state. First-party benefits generally cover basic economic loss regardless of fault, including medical expenses, a portion of lost earnings, and certain other necessary expenses, up to $50,000 per person under Insurance Law § 5102. However, if your injuries meet the “serious injury” threshold under New York Insurance Law § 5102(d), you may step outside the no-fault system and file a fault-based lawsuit against the driver who failed to yield. The statute defines “serious injury” to include:
- Bone fractures
- Significant disfigurement
- Dismemberment
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of the use of a body function or system
- A non-permanent injury that prevents you from performing all of your usual daily activities for at least 90 of the 180 days following the accident
Key Takeaway: Compensation after a failure-to-yield accident can cover medical bills, lost income, pain and suffering, and loss of enjoyment of life. If your injuries meet New York’s “serious injury” threshold under Insurance Law § 5102(d), you can pursue a fault-based claim beyond no-fault benefits.
What Should You Do After a Failure-to-Yield Accident in Brooklyn?
After a collision caused by a failure to yield the right-of-way, you should take immediate action and get medical assistance as soon as possible. Call the police to report the accident and exchange all contact information with any other drivers who were involved, as well as any witnesses who can confirm the cause of the accident. Take photos of the area, traffic signs or signals, any skid marks or debris, and make notes about the circumstances of the accident.
To protect your right to compensation under New York law, follow these steps carefully:
- Call 911: Report the accident to the police. A police report is important for insurance fault determinations and any later legal claim.
- Get medical help promptly: Prompt treatment protects your health and creates a clearer record of your injuries. No-fault notice and claim deadlines are strict, so delaying care or paperwork can complicate benefits and later claims.
- Report the claim promptly: Under New York’s no-fault system, you generally file with the insurer of the vehicle involved. If you were a pedestrian, file with the insurer of the vehicle that struck you. If the vehicle is unknown or uninsured, MVAIC may be available.
- Document everything: Save all medical records, bills, and receipts for expenses related to the accident, including transportation costs and prescription medications.
- Preserve evidence: Take photographs and video of the accident scene, including traffic signs, traffic signals, skid marks, debris, and weather conditions. Write down details about the crash as soon as possible before your memory fades.
- Consult an attorney: In cases involving serious injuries or disputes about fault, legal counsel can help protect your rights and determine whether you qualify to file a fault-based lawsuit beyond no-fault benefits.
Key Takeaway: After a failure-to-yield accident in Brooklyn, call the police, get medical care promptly, notify the proper insurer as soon as possible, and document everything.
Consult a Brooklyn Car Accident Attorney Today
Being injured in a car accident caused by another driver’s failure to yield can leave you facing medical bills, lost income, and a difficult recovery. You do not have to handle the insurance process and legal claims on your own.
Attorneys Samantha Kucher, Michael Roitman, and Alex Rybakov at Kucher Law Group have years of experience representing Brooklyn residents injured in failure-to-yield crashes and other car accidents throughout Kings County. We work closely with each client to build a strong case and pursue compensation for medical expenses, lost wages, pain and suffering, and other damages.
Call Kucher Law Group today at (929) 563-6780 to schedule a consultation. Our office is located at 463 Pulaski St #1c, Brooklyn, NY 11221, and serves clients throughout Brooklyn and the surrounding areas.
