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Everything You Need to Know About New York’s Right-of-Way Laws

Right-of-way laws in New York reduce accidents at intersections. However, it’s not always clear how drivers are supposed to interpret right-of-way laws. If two drivers misinterpret right-of-way laws at the same intersection, their oversights can result in a devastating accident.

With that in mind, our team at the Law Office of Cohen & Jaffe wants to break down everything you need to know about New York’s right-of-way laws. Once you have this knowledge under your belt, you may more safely navigate the state’s many multi-point traffic stops.

The Importance of New York Right-of-Way Laws

The right-of-way laws in New York control the flow of traffic at intersections throughout the state. When you initially passed your driver’s examination, state representatives expected you to know how to work with right-of-way laws to avoid dangerous accidents. If you can’t remember the state’s right-of-way laws, it’s important to refresh your memory so you can avoid causing a collision.

New York police officers can also ticket you if you don’t understand the state’s right-of-way laws. The consequences a person faces for causing a right-of-way accident tend to grow more severe when those accidents involve significant property damage or, in some of the worst cases, devastating injuries or death.

Should you get into an accident with someone else at an intersection, you can use your knowledge of New York’s right-of-way laws to determine whether or not you have the right to hold that party financially accountable for your losses. If you were in the right, you can file an insurance claim against the offending party, open a personal injury case, or both.

Right-of-Way Rules: Who Goes First in New York?

Right-of-way laws in New York determine who must yield and who may proceed in specific traffic situations. These rules are especially crucial across Long Island, where dense traffic and busy intersections increase the risk of accidents. According to the New York DMV, traffic signals do not always make the right-of-way clear, especially when two drivers approach an intersection from different directions or when pedestrians are involved.

Here are some of the key right-of-way scenarios in New York:

  • At a four-way stop: The first vehicle to arrive goes first. If two arrive at the same time, the driver on the right proceeds first.
  • When turning left at an intersection: Yield to all oncoming traffic going straight.
  • When entering from a driveway, parking lot, or alley: You must yield to vehicles and pedestrians already on the road.
  • At crosswalks: Drivers must stop for pedestrians crossing legally, whether the crosswalk is marked or not.

Understanding and obeying these rules is not just about avoiding traffic tickets; it plays a significant role in establishing liability in car accident claims.

When to Yield and When to Drive

As mentioned, New York’s right-of-way laws have the most impact at intersections. When you approach an intersection, you first need to take into account any signals or stop signs elaborating on the flow of traffic. If someone is already in the process of moving through the intersection, you may not cross. In other words, the moving traffic has the right-of-way.

Your right-of-way then varies depending on the direction you want to go. It’s often easier to turn right at an intersection. If you’re at a stop sign, you yield to any cars that arrived at the intersection before you, then turn when all of those cars have moved through the intersection. You do the same when crossing straight through or turning left at an intersection with a stop sign.

If you’re on a road without a stop sign but find you need to turn left, you can turn into an available turn lane. You must then wait until the road opposite you becomes clear of traffic to complete your turn. You may not cross into oncoming traffic and expect that traffic to stop – the moving traffic has the right-of-way.

Cohen & Jaffe Infographic 13

Right-of-Way Laws and Pedestrians

There are also right-of-way laws that apply to pedestrians. As is the case with motorists, you need to refer to signs in the area to determine whether pedestrians have the right to cross the street or you can drive ahead of them.

More often than not, pedestrians will jaywalk or otherwise engage in inadvisable behaviors to get across a street faster than they might otherwise. It is still in your best interest to stop and let these parties pass, even if they don’t have the right of way. If that party’s behavior goes on to cause an accident, you can cite their lack of understanding to hold them accountable for your losses.

Should You Ever Insist on the Right-of-Way?

No, asserting the right-of-way when another driver is not yielding can cause an avoidable accident. Even if you are legally correct, insisting on your right-of-way can endanger lives and compromise your personal injury claim. In many cases, the consequences of a collision far outweigh being legally in the right. New York follows comparative negligence, which means fault is shared when both drivers contribute to a crash.

Instead of demanding your right, follow defensive driving principles:

  • Anticipate other drivers’ mistakes
  • Slow down at intersections, even when you have the light
  • When in doubt, yield. Safety always comes first

According to Defensive Driving guidance, exercising the right-of-way is a legal option, not a requirement. The safer choice is to avoid conflict and prioritize the well-being of everyone on the road.

What to Do After a Car Accident at an Intersection

Unfortunately, not everyone understands the basics of right-of-way on the road. You may have the right-of-way and find yourself struggling to respond to someone else’s decision to move at an inappropriate moment. If you get into an accident in these moments, don’t panic.

If you or anyone at the scene is seriously injured, you need to call 911 and connect with emergency responders. You can then document the nature of your scene by taking pictures and/or connecting with bystanders. This work can help you argue that the other party violated the right-of-way and must take responsibility for their own losses.

Contact a Car Accident Attorney Before Time Runs Out

Right-of-way laws strive to protect pedestrians and motorists from unreasonable accidents. Unfortunately, right-of-way laws aren’t always intuitive. If you get into a right-of-way accident and need help determining whether or not you have the right to recover in civil court, don’t panic. You can get in touch with a Long Island car accident lawyer.

At the Law Office of Cohen & Jaffe, we can break down the negligence that led to your accident to determine whether or not you can bring a claim against a negligent driver. You can learn more about your right to file a claim by booking a free case consultation with our team. Call us at (516) 358-6900 or contact us online to learn more.

Call a car accident lawyer in New York:

Richard S. Jaffe | Partner

After pioneering a string of personal injury cases on Long Island and in the New York City metropolitan area involving lead paint poisoning of infants, Richard’s reputation would be well known enough as a fierce trial attorney and litigatorRichard has managed to secure several multi-million dollar verdicts and settlements throughout his 30-plus years of experience, which has earned him membership in many prestigious circles, such as the nation’s Million Dollar Advocates Forum.

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