One of the most important things to remember when driving is to look out for others on the road. This also includes those on the side of the road. In New York you can be given a ticket when you don’t properly yield to a pedestrian who has the legal right-of-way to cross the street. When they do not abide by this, they can receive a ticket for “failure to yield.”
Under New York Vehicle Transportation Law, “motorists must yield to any pedestrian crossing the road on which they are traveling.” However, whether or not this law is applicable is also dependent upon each specific circumstance.
Here’s what you should know about intersections with:
1. Traffic Signals
When a traffic signal shows a person walking or the words “Walk,” the pedestrian has the right-of-way. However, the pedestrian must begin to cross during this phase. He or she may not start to cross when a hand symbol or “Don’t Walk” signal is flashing.
Therefore under the law, a driver would be guilty of failure to yield if the pedestrian started to cross the intersection when he or she had the legal right to do so. But if the pedestrian begins to cross the street when the signs are already indicating not to, a driver would not be guilty of this.
2. Crosswalks But No Traffic Signals
Wherever an intersection has a marked crosswalk but no traffic signals, pedestrians always have the right-of-way. Therefore a driver who approaches such an intersection is obligated to stop to let the pedestrian cross before continuing to drive through the intersection. If the driver does not allow them to do so he or she can receive a ticket for failure to yield.
3. No Crosswalks and No Traffic Signals
Pedestrians are only allowed to cross the street legally when there is a marked crosswalk. When there is no marked crosswalk and a pedestrian crosses the street, he or she is guilty of jaywalking and can actually receive a ticket. A pedestrian must always yield to any vehicles. Therefore when a pedestrian crosses where there is no marked crosswalk, a driver cannot receive a failure to yield ticket.
4. A Pedestrian in the Crosswalk Who Isn’t Close to Me
If a pedestrian is already in a crosswalk but not close to you, you can legally still go so long as you do not interfere with the path of him or her and you are making a legal maneuver. Still, it’s important to understand that the difference in such a case between receiving a ticket for failure to yield and simply completing a legal maneuver is very minor. Therefore if you are unsure as to whether or not the pedestrian is far enough away from you to go, it’s wise to err on the side of caution and yield to them.
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If you or a loved one has been issued a failure to yield ticket in NY and wish to challenge it, AutoTrafficTickets.com can help. To learn more or to schedule a consultation, contact us today!
Posted in: Traffic Tickets, Traffic Violations