Traffic laws are designed to keep those who share our roads safe. Here in New York City, we are a dense metropolis with many cars, trucks, public transportation vehicles, pedestrians, and cyclists all maneuvering the same city streets. And while our traffic laws have been developed so each party shares responsibility, when so many vehicles and people occupy the same geographic area, there are bound to be issues. In addition to that, when parties fail to take their responsibility seriously and behave negligently, accidents and injuries can result.
Being injured in a car accident can be overwhelming and financially challenging. On top of medical bills, there are also injuries that you need to tend to as well as time off work. Seeking the help of an experienced New York City car accident lawyer may be able to help you recover the compensation you deserve. The experienced lawyers at Kucher Law Group may be able to help. Call us today at (929) 274-8000 to schedule a consultation.
The Dangers of Failure to Yield Accidents
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. 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.
The National Highway Traffic Safety Administration has reported that failure to yield accidents were the fourth leading cause of fatal crashes in the United States in 2018. Failure to yield the right-of-way also accounts for the rising number of pedestrian and cyclist deaths in New York City.
New York has specific right-of-way laws and state legislators have implemented stricter laws, increased penalties, and deployed additional safety features to ensure that everyone understands and considers their rights and responsibilities. Unfortunately, right-of-way violations in New York City are still one of the leading causes of fatal injuries each year.
When Do Failure to Yield the Right of Way Laws Apply?
Failure to yield situations most often occur at intersections, including
- Failure to obey signals and signs at intersections – Failure to obey traffic signals and signs at an intersection is the most common cause of failure to yield the right-of-way accidents.
- Failure to yield when there is no signal or sign – 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.
- Left hand turn at an intersection – A vehicle making a left hand turn must yield the right-of-way to any oncoming traffic.
- T- intersection – At a T-intersection, drivers on the through street always have the right-of-way unless there are stop signs at the intersection.
- Four-way stop – 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.
Furthermore, drivers in other situations can be cited under failure to yield the right-of-way laws. These can include
- Vehicles entering a larger roadway – A driver turning onto a larger road from a side road, parking lot, alley, driveway, or other similar circumstance must yield the right-of-way to any traffic on the larger roadway.
- Yield signs and rotary traffic circles – Whenever there is a yield sign or traffic roundabout present, a driver must yield to the traffic that is already on the roadway or in the traffic circle.
- Pedestrians – In most cases, a pedestrian will always have the right-of-way when there is a marked or unmarked crosswalk. In all cases, a driver must slow down and yield to a pedestrian, even if that pedestrian is crossing unlawfully.
| Situation | Description |
|---|---|
| Failure to obey signals and signs at intersections | Failure to obey traffic signals and signs at an intersection is the most common cause of failure to yield the right-of-way accidents. |
| Failure to yield when there is no signal or sign | 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. |
| Left-hand turn at an intersection | A vehicle making a left-hand turn must yield the right-of-way to any oncoming traffic. |
| T-intersection | At a T-intersection, drivers on the through street always have the right-of-way unless there are stop signs at the intersection. |
| Four-way stop | 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 is Responsible for Yielding at Traffic Circle?
In New York, the guidelines for yielding at a traffic circle are outlined in Section 1145 of the New York Vehicle and Traffic Law (VTL). This law mandates that drivers must give right of way to
vehicles already in motion on the rotary traffic circle or island unless instructed otherwise by a traffic control device.
The primary objective of this regulation is to ensure a seamless flow of traffic within the circular intersection. By prioritizing vehicles that are already navigating the circle, drivers approaching or intending to enter the area contribute to overall road safety and help prevent potential accidents.
It is essential for drivers in New York to familiarize themselves with this law and strictly adhere to it when encountering traffic circles. By exercising caution, remaining attentive, and following the rule of yielding to vehicles already on the circle, drivers can fulfill their role in maintaining order and promoting the safety of all road users. This responsible behavior helps create a harmonious traffic environment and reduces the risk of collisions.
Ultimately, by respecting the right of way and understanding the significance of yielding at traffic circles, drivers in New York can contribute to a smoother and safer driving experience for everyone on the road.
Right-of-Way Laws For Motorists in New York
Very few of our city streets are high-speed areas. For the most part, our traffic moves at a slower pace, but it also sees extensive bicycle and pedestrian traffic. In New York, we have specific laws regarding failure to yield for drivers of motor vehicles:
- NY VTL Section 1142(b) – Drivers of motor vehicles must yield to pedestrians crossing a road. Drivers must always yield to a pedestrian regardless of whether a pedestrian is in a crosswalk or jaywalking.
- NY VTL Section 1151 – Drivers must yield to pedestrians crossing within a crosswalk even when there is no signal or sign. A driver may not pass someone who is stopped for a pedestrian.
- NY VTL Section 1151(a) – Drivers must yield to pedestrians on sidewalks as they are entering or exiting buildings, private roads, driveways, or alleys.
- NY VTL Section 1140 – Drivers must yield to another vehicle that has already entered an intersection from another roadway. If both vehicles meet at the intersection at the same time, the vehicle to the left must yield the right-of-way to the one on the right.
- NY VTL Section 1141 – Vehicles that are turning right at an intersection must yield the right-of-way to any vehicle approaching from the opposite direction.
- NY VTL Section 1142 – Vehicles must stop at a stop sign and yield to any vehicle that enters the intersection first, such as those vehicles stopped at four-way stop signs.
- NY VTL Section 1143 – A vehicle about to enter a roadway must yield to those already on that roadway.
- NY VTL Section 1145 – A vehicle approaching a traffic circle or island must yield to those already in the circle or island.
- NY VTL Section 1146 – The driver of a motor vehicle must exercise due care at all times to avoid a collision with pedestrians, cyclists, or domestic animals.
In New York, cyclists are subject to all the rights and responsibilities of motorists and must follow all the right-of-way laws that drivers of motor vehicles are subject to.
New York Right-of-Way Laws for Pedestrians
Pedestrians are also responsible for their own actions on our streets in New York City. 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.
Pedestrian failure to yield laws include:
- NY VTL Section 1150 – Pedestrians must obey any traffic control signals when crossing a road and must yield the right-of-way to vehicles if instructed by the crossing signal to do so.
- NY VTL Section 1152 – Pedestrians must yield the right-of-way to vehicles on a street when there is no crosswalk.
How Does Failure to Yield the Right-of-Way Affect Liability in an Accident?
When an accident occurs as a result of someone’s failure to yield the right-of-way, the individual who failed to yield will typically be held liable for any damages that resulted from that failure.
As in all other matters of personal injury, negligence is an important component of liability when an accident results from a failure to yield. If an accident and injury results, it must be proven that the party who failed to yield was behaving negligently.
To prove negligence in a failure to yield the right-of-way accident, it must be established that
- The other party had a duty of care to yield to them
- The party breached this duty of care and failed to yield altogether or for a sufficient time to prevent the accident
- The breach caused an accident that would not have happened if they had yielded the right-of-way
- The injured party suffered damages as a result of the accident.
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. If the injured party is partially at fault for the accident, their recovery will be reduced by the percentage of their fault.
What Should You Do After a Failure to Yield the Right-of-Way 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. These can include
- Your current medical expenses
- Possible future medical expenses
- Lost wages
- Future lost earning capacity
- Property damage
- Pain and suffering
- Emotional distress
If the accident resulted in a fatality, family members may have the right to seek wrongful death damages to be compensated for their damages as a result of the loss of their loved one.
After a collision caused by a failure to yield the right-of-way collision, you should take immediate action and get medical assistance as soon as possible. Call police to report the accident and exchange all contact information with any other drivers who were involved as well as any other 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. All this information may be needed as evidence in a personal injury claim.
Steps to Take Following a Failure-to-Yield Accident
When you’re involved in an accident in New York where someone failed to yield, it’s important to know what to do, especially given the state’s unique no-fault insurance rules. Here’s a step-by-step guide for handling such situations:
- Report to Insurance: Under New York’s no-fault insurance, fault isn’t needed for compensation in an accident. File a claim with your car’s insurer, or the insurer of the car that hit you if you’re a pedestrian. If the car is unknown or uninsured, file with a relative’s insurer or the Motor Vehicle Accident Indemnification Corporation (MVAIC) if there’s no policy.
- Get Medical Help Within 30 Days: To comply with New York’s no-fault law, seek medical care within 30 days of the accident. Delaying may lead to your insurance denying your claim.
- File a Police Report Promptly: Report the accident to the police and file a report. This is important for insurance fault determinations.
- Document Everything: Save all medical records, bills, and other expenses related to the accident, like transportation costs.
- Know Your Insurance Coverage and Rights: You’re entitled to benefits under no-fault law, which covers medical expenses and lost wages, among other things, up to a certain limit.
- Consider Legal Steps for Serious Injuries: If you have a “serious injury” as defined by New York law, or your costs exceed your coverage, you might need to pursue a fault-based claim. Serious injuries include conditions like bone fractures and significant disfigurement.
- Understand Failure to Yield Laws: Know the specific failure to yield laws in New York, which cover various situations like intersections and rotary traffic circles.
- Seek Legal Counsel: In complex cases, particularly with serious injuries or fault disputes, get legal advice to navigate the process and protect your rights.
These steps are essential for effectively handling the aftermath of a failure-to-yield accident in New York, ensuring you receive proper compensation for any harm or damage suffered. Consulting a skilled attorney can help you navigate the processes involved more efficiently. In addition, an attorney can help represent your rights in court if necessary.
How to Prevent Failure to Yield Accidents at Stop Signs
Drivers can avoid unnecessary accidents and injuries by yielding to the right-of-way at stop signs. However, even if a stop sign is posted, that does not necessarily mean all drivers will follow it. It is important to drive carefully and keep a distance from dangerous drivers.
When driving, it is very important to pay attention to your surroundings. When you stop at a stop sign, look in both directions to make sure it is safe to continue. Wait for another vehicle to stop before you move. You should also anticipate the need to stop. Sometimes, you’ll see a stop sign clearly from a distance. Signs may be harder to see in other circumstances, such as blind curves and hills, but it is important to know when to slow down or stop if you are not familiar with the area.
Another important thing to keep in mind when driving is to not assume that other drivers will see you. Always turn on your headlights when driving at night or during low visibility conditions. Before you continue through intersections or stop signs, try to make eye contact with the other driver
Always keep in mind that the first car to reach an intersection has the right of way. If two vehicles arrive at an intersection simultaneously, the driver to the right is entitled to go first.
Remembering these things while driving can help you avoid being hurt in car accidents. However, if you find yourself being the victim of a car accident due to another driver’s negligence, it is important to seek the help of an experienced car accident lawyer right away. A skilled lawyer may be able to help you seek the compensation you deserve for your injuries.
Get Experienced Legal Assistance
Proving negligence after a car accident can be complicated. It is to your advantage to get a skilled legal professional to fight for your compensation and your legal rights. As the injured party, you will have the burden of proof in any accident claim and it is important to have an experienced car accident lawyer on your side to help navigate any injury claim.
At Kucher Law, we are highly experienced New York City car accident attorneys who can hold the at-fault party accountable for your injuries. We offer a free consultation and never charge legal fees unless we recover compensation on your behalf. Call us at (929) 274-8000 or contact us through our website contact form.
