Right-of-Way Rules Every New Yorker Must Know: Advice from Accident Lawyer Queens

Every day, millions of New Yorkers navigate the busy intersections and crowded streets to reach their destinations. The rules on right-of-way exist to prevent accidents, reduce confusion, and maintain the smooth flow of traffic. However, the rules on the right-of-way are not always clear, and misinterpretation of the rule can lead to unfortunate outcomes. That is why we at Gabriel Law want to take it upon ourselves, acting as your accident lawyer in Queens, to break down everything you need to know about the right-of-way rules in New York.

When do pedestrians have the right-of-way in New York? 

In the following instances, the pedestrians have the right-of-way: 

• In marked or unmarked crosswalks—In New York, every intersection is considered to have a crosswalk, whether they be marked or unmarked. At intersections, drivers must yield to pedestrians who are in a crosswalk, even if they have a green light. 
• When the “walk” signal is on—When a pedestrian faces a “walk” signal at a traffic light or intersection, they possess the right of way. 
• When a vehicle enters or exits an alley, driveway, or private road—Before drivers pull into or pull out of an alley, driveway, or private road, they must give any pedestrians present the opportunity to cross. 
• When the pedestrian is blind—If a pedestrian is blind (using a cane or a guide dog), drivers must yield the right of way to them, regardless of the traffic signal at the crosswalk.

Who has the right-of-way at intersections? 

Car and pedestrian accidents are quite common in New York intersections. When it comes time for the victims to file insurance claims and lawsuits, who had the right of way at the time of the accident can have a major impact on the final settlement. Here are the right-of-way rules that apply in intersections: 

Right-of-way at intersections with traffic signals

• The driver must follow the directions provided via traffic lights.
• When turning to the left, the driver must yield the way to any oncoming traffic and pedestrians at marked/unmarked crosswalks. 
• Once the vehicle has come to a complete stop and they have yielded the way to pedestrians, the driver can make a right turn while the traffic signal is red, unless it says otherwise. 

Right-of-way at non-signalized intersections

• The first vehicle to arrive at the intersection will have the right of way. 
• If two vehicles simultaneously arrive at the intersection, the vehicle to the right will have the right of way. 
• Drivers at T intersections must yield the right-of-way to traffic on the continuing road.

Right-of-way at uncontrolled intersections 

• At uncontrolled intersections, drivers must yield the right-of-way to vehicles already at the intersection. 
• If two vehicles simultaneously arrive at an uncontrolled intersection, the vehicle to the right will have the right-of-way. 

How can right-of-way rules impact your accident compensation? 

When it comes to car and pedestrian accidents in New York, the rules on the right-of-way can heavily influence fault and compensation. 

For example, consider a situation where drivers A and B met with an accident at an intersection. At the time of the accident, A was making a left turn at a signaled intersection while B was speeding along the road. In this example, B would be the driver who had the right of way. Both A and B were injured in the accident and are now claiming compensation for the losses suffered. 

In this example, since A did not have the right of way, A would be at fault for the accident. However, note that B was speeding at the time of the accident, making B partially responsible for the accident. The law of pure comparative negligence states that both parties share the blame, so their compensation will be reduced by the percentage of fault. If A had claimed $50,000 in damages but was held 60% responsible for the accident, A’s compensation would be reduced by 60%.

In terms of compensation, since New York is a no-fault state, victims can claim up to $50,000 for medical expenses, lost income, and other relevant expenses through their Personal Injury Protection (PIP) coverage, or no-fault insurance. The victims will receive the payout regardless of their fault in the accident. Fault in the accident and the pure comparative negligence rule will truly impact a person when they file for additional compensation via a personal injury lawsuit. 

Conclusion 

In New York, the rules on the right-of-way are in place to minimize accidents and ensure the smooth flow of traffic. However, the misinterpretation of the rules can lead to accidents, and claiming compensation for injuries becomes more challenging due to the compromised legal position. If you ever find yourself in a sticky situation and need expert legal advice, then Gabriel Law is the personal injury law firm in NYC for you. As your car accident lawyer in Manhattan, we will fight to protect your rights, get the compensation you deserve, and get your life back on track. Contact us today to schedule your free and confidential consultation.