Right of Way Laws & New York Car Accidents
Many car crashes result from a driver running a red light or stop sign, or violating other right-of-way rules. The New York Vehicle and Traffic Law contains several provisions specifically addressing the right of way. If a driver violates one of these statutes and causes an accident as a result, the victim likely will have a strong case for liability. This is because New York courts have held that violations of the Vehicle and Traffic Law trigger a doctrine called “negligence per se.”
Used in most personal injury cases, the theory of negligence requires showing that the defendant had a duty of care, breached the duty, and caused the victim’s injuries as a result. Negligence per se provides a legal shortcut. The violation of the Vehicle and Traffic Law substitutes for the elements of duty and breach. A victim then only needs to prove causation and document their damages.
Right-of-Way Rules in the Vehicle and Traffic Law
Section 1140 in the Vehicle and Traffic Law provides rules for drivers approaching intersections. It requires a driver approaching an intersection to yield to a vehicle that has entered the intersection from a different highway. When two vehicles on different highways reach an intersection at the same time, the driver on the left must yield to the driver on the right. According to Section 1143, meanwhile, a driver who is about to enter or cross a roadway from a place other than another roadway, such as a driveway, must yield to vehicles that are approaching on the roadway.
Specific rules apply to stop signs and yield signs under Section 1142. A driver must stop when approaching a stop sign and yield to any vehicle that has entered the intersection from another highway or that is approaching closely enough on another highway to present an immediate hazard. (New York does not allow “rolling stops,” which are treated as if the driver ran the stop sign.) When a driver approaches a yield sign, they must slow down to a reasonable speed under the conditions, or stop if necessary. They must yield to any vehicle in the intersection or approaching closely enough on another highway to present an immediate hazard, as well as to any pedestrian who is legally crossing the roadway on which the driver is driving.
The Vehicle and Traffic Law contains several other right-of-way provisions as well, including rules involving emergency vehicles, rotary traffic circles, bicycles, pedestrians, and various types of animals, such as sheep, cattle, goats, and horses.
Traffic Signal Rules in New York
Separate provisions in the Vehicle and Traffic Law cover official traffic control devices (commonly known as traffic lights or signals), which must be obeyed under Section 1110 unless a traffic or police officer directs otherwise. Section 1111 outlines what a driver must do when facing a green, yellow, or red light or arrow.
For example, a driver with a green light can go through the intersection or turn right or left, unless a sign says that a turn is not allowed. If they have a green arrow, they may cautiously enter the intersection to make the turn. If a driver has a yellow light, they can enter the intersection while being aware that the light is about to change. If they have a yellow arrow, they may cautiously enter the intersection to make the turn or another movement permitted by other indications shown at the same time.
If a driver has a red light, they must stop at the stop line, or before entering the crosswalk if there is no stop line. If the intersection does not have a stop line or crosswalk, the driver must stop at the point closest to the intersection where they have a view of approaching traffic on the intersecting road. If they have a red arrow, they cannot enter the intersection to make the turn.
Turning on Red in New York
Section 1111 in the Vehicle and Traffic Law provides rules for turning right or left on red in places other than cities with 1 million or more residents. Unless there is a sign to prohibit this type of turn, a driver facing a red light and no green arrow must stop initially but then may cautiously enter the intersection to make a right turn. If there is a red light and a green arrow, they do not need to stop before entering the intersection. A driver on a one-way road who is facing a red light may cautiously enter the intersection to make a left turn onto another one-way road after an initial stop. (These rules do not apply if an intersection has a sign prohibiting these turns.)
Cities with 1 million or more residents can adopt a local law that puts these rules into effect within their borders. However, New York City has not taken this step. Drivers generally cannot turn right on red in New York City, unless a sign permits this maneuver.
