Failing to Yield in New York City
What Are Failure to Yield Tickets in New York?
In New York, a failure to yield ticket is given when a motorist fails to properly yield for a pedestrian who is legally allowed to cross the street. As stated in the New York Vehicle and Transportation Law (N.Y. VTL): “Motorists must yield to any pedestrian crossing the road on which they are traveling.”
However, there are different scenarios where this law may or not come into effect, it is important to refer to the traffic signs in order to avoid a violation. At some intersections, it may not be entirely necessary for a motorist to stop before proceeding across or merging into a lane. Instead, it may only be necessary for them to pay attention and yield the right of way to existing traffic before proceeding.
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Failure to Yield to a Pedestrian Laws in NYC
New York state law provides extensive regulations and restrictions for both motorists and pedestrians alike. When it comes to right of way, pedestrians usually have it unless they exhibit extremely reckless or negligent behavior, such as jaywalking or stepping in front of a moving vehicle without adequate time for the car to stop.
The following are several sections of the New York Vehicle and Transportation Law (N.Y. VTL) and their relative regulations:
- N.Y. VLT §1142(b): Motorists must yield to any pedestrian crossing the road on which they are travelling. Also, a collision with a pedestrian in a crosswalk will be considered sufficient evidence of failure to yield to said pedestrian.
- N.Y VTL §1151: Even when there is no traffic signal or working signal, a driver must yield to a pedestrian who is crossing within a crosswalk. No vehicle may pass another vehicle if it is stopped in order to allow a pedestrian to cross at an intersection. Any pedestrian who steps from a safe place and walks/runs in front of a vehicle that is too close to yield has no right of way.
Intersections with Traffic Signals
A pedestrian has the right of way whenever a traffic signal shows a steady “Walk” or walking person. However, a pedestrian must not start to cross if the phrase “Don’t Walk” or the unpraised hand is flashing.
Therefore, a motorist would not be guilty of failing to yield if a pedestrian starts to cross an intersection when the signal is flashing. However, a motorist could be charged for failing to yield if he prevents a walker from crossing the street during the “Walk” signal.
Intersections with Crosswalks but No Traffic Signals
Pedestrians have the right of way if there is an intersection or any marked crosswalk and no traffic signals. If a driver pulls up to one such intersection and does not allow a pedestrian to cross before continuing, he or she may receive a failure to yield ticket.
Intersections with No Crosswalks and No Traffic Signals
If a pedestrian walks into a street where there are no intersections or no marked crosswalks, then pedestrians must yield the right of way to vehicles. Therefore, a driver cannot receive a failure to yield ticket if someone is attempting to jaywalk.
Can I Go if the Pedestrian Is in the Crosswalk But Nowhere Near Me?
If a pedestrian is in a crosswalk and far away from you, you have the right to go if it does not interfere with the pedestrian’s path and you’re making a legal maneuver (like a right turn). However, keep in mind that the difference between a failure to yield ticket and a legal maneuver is just a couple of feet, so be wise about when to do this.
Penalties for Failure to Yield in NYC
Due to the risk of accidents and injury involved with right of way violations, failure to yield will result in inconvenient penalties.
Penalties for failure to yield may include the following:
- 3 points on your record
- A fine
The New York point system only allows motorists to gain up to 10 points within an 18-month period. Any more than that and your driver's license will be suspended for 31 days. If you have been ticketed for failure to yield, call an New York City failure to yield attorney today to learn what steps you can take to defend yourself from such harsh penalties.
Gannes & Musico, LLP is a traffic violation defense firm dedicated to protecting clients from harsh and wrongful convictions. By retaining a member of your legal team, you will be defended by a NYC traffic ticket lawyer who has handled thousands of cases. We have more than 30 years of combined experience and are prepared to review your case, build your defense and fight your traffic ticket with everything we have.
Call our firm at (877) 803-2603 or submit our online form to tell us about the details of your case so we can begin building your defense strategy.
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