The point of right-of-way rules is to make sure people know what to do when converging at a single point, like an intersection, whether as drivers, bicyclists, or pedestrians. When reckless drivers ignore someone else’s right of way, they could cause a catastrophic accident.
When that happens in New York, drivers might be given a slap on the wrist and sent on their way. Not exercising due care at an intersection and hitting another driver typically amounts to a traffic infraction, which might come with a fine and a few days in jail when judges levy the highest sentence.
Blatant recklessness, like running a stoplight and T-boning a victim, causing their death, might result in more serious charges – it’s pretty much all on a case-by-case basis.
If it doesn’t seem like law enforcement is taking your recent accident seriously enough, and you feel like the at-fault driver should be held responsible for the damage they’ve caused, you can file a civil lawsuit. Proving liability in court might feel like retribution enough for victims, especially since they’ll get compensation for their losses in the process.
Breaking Down New York’s Right-of-Way Laws
Traffic violations may not seem so serious until an accident happens, hurting or possibly killing a victim in New York. Unfortunately for victims and their families, failure to exercise due care and ignoring New York’s right-of-way laws doesn’t always come with harsh consequences for reckless drivers.
Drivers who ignore the right-of-way of pedestrians or bicyclists and cause physical injuries in the process are guilty of a traffic infraction, which only comes with (up to) a $500 fine or 15 days in jail.
Depending on their specific actions, drivers might face other consequences for causing serious
bodily injury by ignoring a victim’s right of way. Still, the harshest punishment is typically a
$750 fine or a $1,000 fine if they have had similar violations in the past five years.
Another caveat to this set of rules is that, in addition to failing to exercise due care, the driver must have failed to sound their horn to alert pedestrians or bicyclists of impending danger.
New York’s right-of-way laws make negligence a crime, punishing reckless drivers for their recklessness. Unfortunately, the punishments associated with convictions are not always far- reaching, reflected in a recent case where a negligent driver got a $250 fine – and mandated enrollment in a defensive-driving course – after killing a pedestrian at an intersection in Queens in May 2023.
Some seriously reckless drivers can and do get charged with more severe charges for fatal car accidents, which was recently seen in the case of a deadly Manhattan crash. Prosecutors consider all the facts of an accident before bringing charges, if any, like the level of negligence or
recklessness exhibited by the driver. For example, in the above-mentioned case, the driver drove through a stoplight at nearly 60 mph, not only acting negligently but fully ignoring the posted speed limit (25 mph) and the traffic light, killing two pedestrians who had the right of way in the process.
The Impact Ignoring New York’s Right-of-Way Laws Has on Victims
Negligent drivers who ignore right-of-way laws might change victims’ lives in an instant, causing them life-altering injuries in New York.
It is exceptionally dangerous not to stop at stop signs or red lights or yield to pedestrians, bicyclists, or motorists.
When these accidents involve multiple cars, there is typically a
T-bone impact. This is one of the most serious types of impacts that can occur during car accidents, often resulting in crushing injuries, head injuries, broken bones, and disfiguring injuries.
Surviving such accidents means incurring overwhelming medical bills almost immediately. Victims might need emergency surgery straight away, as well as ongoing treatment from specialists. Some victims might not ever be able to go back to work, cutting off their income and causing them further emotional distress.
In the most serious cases, ignoring another person’s right-of-way could cause death, exhibited by the fact that 1,149 people died due to red-light running accidents and that the Federal Highway Administration estimates 25% of all traffic fatalities and 50% of all traffic injuries happen, in part, due to intersections, indicating many drivers in these accidents failed to yield or observe another’s right of way.
Righting Wrongs After an Accident in New York
When no one else holds a reckless driver responsible for a victim’s death or injuries, there is another way to hold them accountable. Filing a lawsuit does more for victims than letting them get compensation – it lets them actively participate in getting the justice they deserve.
For some victims, filing lawsuits feels more satisfying than pressing criminal charges since the money awarded in a claim goes directly to victims or their survivors. What’s more, you can still hold a reckless driver legally liable for their behavior, even though the lawsuit won’t end in jail time. Making the driver compensate you for your losses and making it known what happened might be all the satisfaction you need.
Lawsuits can be especially comforting for people whose loved ones died due to a violation of New York’s right-of-way laws, and the negligent drivers didn’t face any criminal consequences for their wrongdoings.
To sue for wrongful death in New York, you have to be the victim’s personal representative, so reach out to a
Queens car accident lawyer to figure out who among the victim’s survivors is an eligible plaintiff. Your lawyer will explain how and when to file your case to get justice.
Compensation differs in wrongful death and
personal injury claims for car accidents, so have your lawyer calculate your likely recovery so you know what to expect before filing your case. Don’t settle too soon after filing, as you could get more through aggressive negotiations or having your day in court.
