VTL 1151A, Failure to Yield to Right of Way to Pedestrian in Crosswalk
Written By: Benjamin Goldman, Esq.
There are many intersections that regulate when cars and pedestrians can move. In those situations, it is easy to determine who has the right of way. However, there are some that have no such signals, or times when the power goes out. VTL 1151(a) outlines what to do then.
(a) When traffic-control signals are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk on the roadway upon which the vehicle is traveling, except that any pedestrian crossing a roadway at a point where a pedestrian tunnel or overpass has been provided shall yield the right of way to all vehicles.”
The statute is not specific on the details. Does the motorist have to wait until the pedestrian clears the entire crosswalk before they proceed? Does the motorist have to yield before the pedestrian enters the crosswalk? If the street is wide, does the motorist have to wait for a pedestrian on the other side of a wide avenue? Judges have answered these questions in different ways, but these are potential defenses. There are many other procedural and technical defenses to this charge.
A violation of VTL 1151(a) will result in three points on your driving record. The fine depends on your driving history and the jurisdiction of the violation. If you received such a ticket, you can have the Benjamin Goldman Law Office take care of it for you. Over the years, we have gotten many such violations dismissed or reduced to parking tickets.