Improper Passing Laws & New York Car Accidents
Like other states, New York generally requires drivers to stay on the right half of a road. However, New York Vehicle and Traffic Law Section 1120 lists certain exceptions to this rule. The most common exception is when a driver is overtaking and passing another vehicle traveling in the same direction, which means that the driver may need to temporarily cross to the left side of the road.
Rules for Passing Vehicles in New York
Section 1122 provides that a driver overtaking another vehicle must pass to the left of that vehicle and not return to the right side of the road until they have safely passed that vehicle. When this involves crossing to the left side of the center of the road, Section 1124 requires the overtaking driver to make sure that the left side is clearly visible and free of oncoming traffic far enough ahead to permit them to overtake and pass without interfering with oncoming traffic or the overtaken vehicle. An overtaking driver must return to an authorized lane of travel as soon as they can. If they enter a lane authorized for vehicles traveling in the opposite direction, they must return to an authorized lane for vehicles traveling in their direction before they come within 200 feet of an oncoming vehicle.
Sections 1125 and 1126 place further restrictions on overtaking a vehicle on the left. For example, a driver cannot cross to the left side of the road when they are approaching the crest of a grade or on a curve where their view is obstructed. If markings indicate a stretch of road where overtaking and passing would be especially dangerous, a driver must not drive on the left side of the markings.
Consequences of Improper Passing on New York Roads
If a driver violates the Vehicle and Traffic Law by engaging in improper passing, they may get three points on their license under New York DMV rules. They also may face liability to someone whom they injured in a related accident. If a victim qualifies to go outside the no-fault insurance system in New York, they can recover damages from the at-fault driver. They generally would need to prove the elements of a negligence claim: a duty of care owed to them, a breach of the duty, causation leading to the accident, and damages. However, a violation of the Vehicle and Traffic Law may make this process easier.
New York courts have noted that an injured person can benefit from the doctrine of negligence per se if they can show a violation of the Vehicle and Traffic Law. This means that they would not need to prove the duty and breach elements of the negligence claim. The violation would automatically establish those elements. A victim still would need to show that the violation caused their injuries, though.
If a driver crosses to the left side of the road in a situation when they clearly should not, this could rise to the level of reckless driving, which is prohibited by Section 1212 of the Vehicle and Traffic Law. This type of violation can lead to five points on a driver’s license and a misdemeanor charge. It also might support a punitive damages award in a resulting car accident case. Punitive damages are an additional type of damages beyond the usual compensatory damages that victims recover, such as medical bills, lost income and earning capacity, and pain and suffering. Punitive damages are intended to punish the defendant, rather than simply making the victim whole.
