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
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.