21 Aug WHO HAS THE RIGHT OF WAY?
Posted By Gruenberg Kelly Della || 21-Aug-2017
Usually, when two vehicles approach an intersection without a traffic signal, the vehicle that approached first will have the right of way. If they arrive at the same, the vehicle to the right will have the right of way. When a small street intersects with a major street, the traffic on the major street has the right of way.
Right of way can refer to any of the following:
- When one vehicle moves before another by custom, decision, or statute
- The right of traffic to take precedence
- An easement over someone’s land
- The strip of land that a public road is built on
- The land occupied by a railroad
- The land used by a public utility
Failure-to-yield car accidents are commonly caused by confusion over which driver had the right of way. Causes of failure-to-yield accidents include:
- Driving Under the Influence
- Texting While Driving
- Poor Weather
- Unsafe Road or Traffic Conditions
Drivers fail to yield every day, resulting in many serious or fatal accidents. These incidents typically occur:
- When a car is making a left-= turn at an intersection
- Before merging into another traffic lane
- At pedestrian crosswalks
- When entering or exiting a parking lot or private driveway
- At flashing traffic lights or signals
According to Section 1151 of New York’s Vehicle and Traffic Laws, the driver of the vehicle shall yield the right of way for a pedestrian crossing the street while using a crosswalk. It also states that a pedestrian crossing any roadway and not using the crosswalk is required to yield the right of way to the vehicle. Section 1146 mandates every driver to exercise caution in order to avoid colliding with a pedestrian on any roadway and to give warning by sounding the horn when needed.
In New York, pedestrians filing a legal claim can sometimes be judged by a comparative fault standard. The judge will instruct the jury to examine the pedestrian’s behavior in order to determine if the pedestrian could have avoided the accident or if the pedestrian was careless when walking in the roadway.
Intersections are the area where bicyclists are most likely to be involved in an accident. When it comes to bicycle accidents at intersections, liability is usually determined by who had the right of way. Cyclists who don’t adhere to the rules of the road or fail to keep a proper lookout might be deemed responsible for an accident. Nearly every state considers a bicycle to be a vehicle. Therefore, just like motorists, bikers must follow all traffic guidelines when using the road.
Were you injured in an accident? Did you have the right of way? Our team at Gruenberg Kelly Della has over 50 years of combined experience and is ready to serve you. Contact our Long Island personal injury lawyers today to find out how we can help you with your legal needs.