Regulation of the Right of Way

Have you been charged with Failing to Yield the Right of Way in New York?

NY Vehicle and Traffic Law § 1140, § 1141, § 1142, § 1143, § 1144, § 1145 & § 1146 governs whom has the right of way on our roadways. If you have been charged in NY with any of these violations, contact our right of way traffic court lawyers for assistance and representation. Our lawyers can represent you anywhere in the State of New York. If accused of failing to yield the right of way at an intersection (NY VTL § 1140), making a left turn (NY VTL § 1141), at a stop or yield sign (NY VTL § 1142), entering a roadway (NY VTL § 1143), or in any other way, call Palumbo & Associates and speak to a NY traffic court lawyer for a free consultation to find out how we can help.

The Statutes

NY VTL § 1140 proscribes that the driver of a vehicle approaching an intersection is under the duty to yield the right of way to vehicles already in the intersection and when two or more approach an intersection at the same time the driver on the left must yield way. Under NY VTL § 1142, when approaching an intersection controlled by a stop sign the motorist must stop as per VTL § 1172 and then yield the right of way to vehicles in the intersection. When the driver approaches an intersection or area controlled with a yield sign the driver must slow down to a reasonable speed for the conditions and, if required stop and yield the right of way to pedestrians and other vehicles. Moreover, if the motorist is involved in an accident with a pedestrian that constitutes prima facie evidence of failure to yield.

NY VTL § 1141 requires that vehicles turning left at an intersection or into an alley, private road, or driveway shall yield the right of way to approaching vehicles from the opposite direction. NY VTL § 1143 requires that vehicles entering a roadway from off road shall yield the right of way to all vehicles approaching on the roadway to be entered. NY VTL § 1145 requires that vehicles approaching and entering rotaries or traffic circles yield to the traffic already in the circle. NY VTL § 1144 requires that motorists yield the right of way to emergency vehicles, which is defined as a vehicle which:

• Has emergency lights on, and
• Audible sirens activated

• VTL § 1144 requires that the driver yield the right of way by immediately driving to a position parallel to and as close as possible to the right hand curb, or either edge of a one way street or road with three or more lanes. Further, the motorist should also clear any intersections and remain out of the way until the emergency vehicle has passed.

VTL § 1146 requires drivers to exercise due care to avoid colliding with a cyclist, pedestrian or domestic animal. When a pedestrian accident occurs, it is prima facie evidence that the motorist failed to exercise due care. Further, the punishment depends on the nature of the injuries. Penalties range from fines to license and registration suspensions to criminal convictions. VTL § 1146-a requires a motorist exercise due care and caution when approaching horses, to drive at a reasonable and prudent speed around horses, and to refrain from blowing their horn.

Defending you against a right of way violation

If you received a summons for violating VTL § 1140 – 1146, don’t worry. There are defenses to all of the statutes rooted not only in the statute but the procedural law. Our lawyers can craft a defense to ensure your insurance rates do not increase, keep you out of court, and eliminate points. Call us today if you received a NY traffic ticket.