Denlea & Carton


August 03, 2023

Failing to Yield the Right-of-Way in Pedestrian Accidents

Who Is At Fault in a Failure to Yield Crash?

Failing to yield the right of way is a common cause of pedestrian accidents, but many people do not fully understand what it means. In some cases, it may be that the driver is required to yield, while in others, it is the pedestrian’s responsibility. Understanding your rights and responsibilities under New York law can prove critical if you are involved in an accident.

At Denlea & Carton LLP (“Injured 914”), we represent pedestrians that have been seriously injured in accidents in White Plains, NY and all of Westchester County, NY. Our lawyers will help ensure that you receive the money you deserve after a pedestrian accident. Contact our office at (914) 368-7168 to schedule a free, no-obligation consultation. 

What Does “Yield the Right-of-Way” Mean?

In the absence of a stop sign, traffic signal, or other marking, drivers, pedestrians, and bicyclists must know what to do as they approach areas with conflicting traffic. Right-of-way laws help to resolve these conflicts by determining who can proceed first or who must wait in these situations. 

Yield the right of way refers to the driver, pedestrian, or bicyclist that must wait for approaching traffic. It is important to note that approaching traffic can be other vehicles, pedestrians, or bicyclists. 

When Do Drivers Have to Yield the Right of Way to Pedestrians?

According to New York law, a motorist must “yield to pedestrians who legally use marked or unmarked crosswalks.” This means that a driver who has stopped at a red light must yield to a pedestrian who has entered the crosswalk even if the light subsequently turns green. 

A driver must also yield the right of way to pedestrians when they enter a roadway from something other than another roadway, such as a driveway or alley. 

When Do Pedestrians Have to Yield the Right of Way to Motorists?

As detailed in Section 1152 of the Vehicle & Traffic laws, a pedestrian must yield to vehicles when crossing a roadway at any point other than a marked or unmarked crosswalk at an intersection. 

Furthermore, state law requires that pedestrians use sidewalks when provided and prohibits them from crossing intersections diagonally unless it is mandated by an “official traffic-control device.”

What Happens If I Fail to Yield the Right of Way?

Failing to yield the right of way can result in serious injury. It is one of the most common causes of pedestrian accidents in the state. If a motorist fails to yield the right of way to a pedestrian, they may be held liable for any damages caused by their actions. 

Under New York’s no-fault insurance laws, any injured party is generally entitled to compensation. However, if you are severely harmed, you may be entitled to additional compensation by filing a personal injury lawsuit against the party that caused the accident. It is important to discuss your case with a pedestrian accident lawyer to determine the best course of legal action. 

Contact Our Office for a Free Consultation

If you were injured in a pedestrian accident in White Plains, NY, contact our office at (914) 368-7168 to schedule a free consultation. At Denlea & Carton, we have secured millions of dollars in verdicts and settlements on behalf of injury victims throughout Westchester County. Call our office now to discuss how we can help you get the recovery you deserve.


James R. Denlea

Jeffrey I. Carton

Robert J. Berg

Lindsey Leibowitz

Amber Wallace

John Leifert

Craig Cepler

Steven Schoenfeld

Stan Sharovskiy

Phil Smith

Martin McCann

Catherine Friesen

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