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How Do I Prove the Other Driver Failed to Yield in an Accident?

November 19, 2021
traffic sign

Many dangerous traffic accidents are caused by the at-fault driver failing to yield properly. Proving fault in such accidents is often challenging, but better understanding the laws as they relate to the responsibility to yield can help considerably. If you have been injured by another motorist’s failure to yield, reach out to an experienced Queens traffic accident attorney today.

New York Right-of-Way Laws

New York’s right-of-way laws address the issue of who is responsible for yielding in various situations, and they are quite exacting.

Vehicle Approaching or Entering an Intersection

The driver of a vehicle approaching an intersection (that does not provide directions otherwise) must yield the right of way to any vehicles that have already entered it (from another road). When vehicles reach an intersection at about the same time, the driver on the left must yield the right of way to the driver on the right.

Vehicle Turning Left

A motorist who is preparing to turn left into an intersection, private road, driveway, or alley must yield the right of way to any oncoming traffic that presents an immediate hazard. 

Vehicle Entering a Stop Intersection

The driver of a vehicle entering an intersection with a stop sign must stop and yield the right of way to any vehicle entering the intersection from another road – or that is so close to entering the intersection from another road – that it poses a danger.

Vehicle Entering a Yield Intersection

A motorist approaching a yield sign must slow down to a speed that reasonably accommodates existing conditions or, if necessary, must stop.

Vehicle Entering Roadway

A motorist who is about to either enter or cross a roadway from anywhere other than another roadway must yield the right of way to all oncoming traffic in the roadway.

Vehicle Approaching Traffic Circle or Island

Any motorist who is approaching or about to enter a traffic circle or island must yield the right of way to those vehicles already traveling in it.

It is important to note that if you are merging into traffic or merging from your lane to another lane, you are responsible for doing so safely. While the other driver’s negligence in the matter will be taken into consideration, you should not merge if it is not safe to do so. Further, there is a bill on the books in NY that would require all motorists already in possession of a lane to take responsibility for yielding the right of way to all vehicles that properly signal their intention to merge into that lane or that merge into the lane in an attempt to avoid a dangerous obstacle ahead.

It’s Time to Consult with an Experienced Queens Traffic Accident Attorney

Determining fault in failure to yield accidents often comes down to the facts and evidence involved, and the Queens traffic accident attorneys at Lipsig, Shapey, Manus & Moverman dedicate their impressive practice to building strong claims and to zealously pursuing just compensation. To learn more about how we can help you, please don’t hesitate to contact us online or call us at 212-285-3300 today.