Failure to yield is unlawful in the state of New York. A motorist who is ticketed for failing to yield could be forced to pay a costly fine, among many other consequences. In some cases, a license to drive is even put at risk as a result of failing to yield. And, if a motorist is accused of causing an accident by not yielding, that driver could face liability for any serious injuries or fatalities resulting from the collision.
There are different ways that drivers can commit the offense of failing to yield right of way. One of the most common violations that drivers make involves not yielding the right-of-way to pedestrians. Drivers are often uncertain regarding exactly what is required of them when they are sharing the road with walkers, and unfortunately drivers could end up with a costly ticket and serious long-term consequences as a result of an innocent mistake related to interacting with pedestrians on the road.
NYC Traffic lawyers at NY Traffic Firm have helped many drivers accused of failing to yield to pedestrians and emergency vehicles. Our firm will work with you to understand the consequences, whether you’ve been cited for a moving violation or are facing serious legal consequences for striking a pedestrian due to failure to yield.
Whatever the accusations against you, our experienced New York traffic ticket attorneys have the knowledge and skill to assist you in fighting the claim that you unlawfully failed to yield the right-of-way to a walker on the roads.
When a pedestrian is walking around the roads of New York, sometimes even driving too close to that pedestrian could lead to a driver being ticketed. New York Vehicle and Traffic Law section 1146 requires drivers to exercise “due care” to avoid colliding with a pedestrian on any roadway. This makes drivers largely responsible for trying to avoid collisions, even when pedestrians are on busy roads with lots of cars.
NY VTL section 1146 mandates that drivers not only must exercise due care to avoid a collision with a pedestrian, but also that they must give a pedestrian a warning if a collision is impending. Drivers are expected to give a warning to a pedestrian by sounding the horn.
If a driver fails to exercise due care by yielding to pedestrians, he could be accused of a traffic infraction resulting in a fine or imprisonment. Drivers could also face criminal charges in connection with failing to yield, including in circumstances where the driver is a repeat offender.
As if this state law does not provide enough protection to pedestrians and impose enough responsibility on motorists, there are also additional laws in New York City which make drivers responsible for ensuring pedestrian safety. For example, within NYC, section 4-04(d) of the city’s traffic regulations establishes similar obligations on drivers as New York Vehicle and Traffic Law section 1146, while Section 4-04(b)(1) establishes rules for when drivers must yield the right-of-way to pedestrians crossing the road.
Under NY rules found in Section 4-04(b)(1), vehicle operators must yield the right-of-way to pedestrians who are crossing the road if the pedestrian is in the car’s path or is approaching the car closely enough that there is potential danger. Drivers have to yield under these circumstances even when there is no traffic control signal or pedestrian control signals, and even in circumstances where the pedestrian control signals are not operational for any reason.
The penalties associated with failing to yield to a pedestrian will vary depending upon the specific law that the pedestrian has been accused of violating. A violation of VTL 1146, for example, could result in a maximum $500 fine and a maximum of 15 days of imprisonment for causing physical injury due to colliding with a pedestrian because of a failure to exercise due care.
If the driver causes serious physical injury, fines could be higher and the driver could be required to participate in a motor vehicle accident prevention course. And, if the driver is a repeat offender and is charged with a Class B misdemeanor, this could potentially lead to a $1,000 maximum fine as well as imprisonment for the crime and a record of a misdemeanor offense.
Drivers within New York City could also face fines and other penalties imposed under the city’s traffic rules and regulations. Drivers are expected to know both local laws within the city as well as state laws and motorists who fail to follow requirements for yielding to pedestrians can experience lasting consequences.
The fines and possible imprisonment are just the short-term result of being found to have failed in obligations to yield to walkers. The long-term consequences could include disqualification from jobs where a clean driving record is a prerequisite; potential loss of a license to drive due to too many past violations, and more.
If you admit to failing to yield to a walker, either by pleading guilty to an offense or by simply paying a citation you’ve received, you are going to face penalties associated with this traffic offense or traffic crime. You don’t want to just accept these penalties until you have determined if you can fight the accusations against you. You should contact an attorney as soon as possible following an accusation that you failed to yield to a pedestrian, as this is a serious offense.
You don’t have roll over, pay the citation and be done. Over-eager traffic enforcement intermingles with errors every day. Always be ready to fight back. The odds are in your favor when you work with NY Traffic Firm.
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Simon Kabzan has represented many motorists facing penalties under state and local NY laws for failing to yield to a pedestrian. Whether you have simply been ticketed or have been in an accident, our firm has the knowledge and experience to help you determine what your best course of action is to protect your money, driver’s license, freedom and future.
To find out more about how experienced New York traffic ticket attorneys at our firm can help you, give us a call today.
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