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    Default Driver Must Not Cross Yellow Line Ever, Not Even to Turn Left from Driveway

    My question involves a traffic ticket from the state of: NY

    I was involved in an accident today, I was waiting to take a left (to go eastbound) from my driveway (onto a state road that has one lane of travel in each direction as welol as a left turn lane for eastbound traffic that starts right around where my driveway is) traffic was slowing for a light ahead and a car heading westbound stopped and waived so I could make a left turn. I look both ways and there is NOTHING coming eastbound as they are all stopped at the other side of a light down the road. I proceed to make the left turn and BAM someone went around the stopped vehicles in the opposite direction (westbound in the eastbound left turn lane).

    I was shocked when the officer told me I could pick up the police report tomorrow, he just to figure out what percent liable to hold me for the accident (no one was ticketed). The officer stated the majority lies on the other driver but I crossed a yellow line and a driver is never supposed to do so from a private drive way.

    Can someone point me to this in the NYS traffic law and maybe any case law that interprets my situation of courts ruling on my situation (you can or cannot drive over a yellow line while making a left out of a private drive way). I'd like to have this info before I talk to the insurance company...

  2. #2
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    Default Re: Driver Must Not Cross Yellow Line Ever, Not Even to Turn Left from Driveway

    You are not familiar with the basics of solid and striped yellow line usage? This could be one you could be charged under.

    http://yonkerspd.com/vt/article24.htm#t1110

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    Default Re: Driver Must Not Cross Yellow Line Ever, Not Even to Turn Left from Driveway

    Quote Quoting Disagreeable
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    You are not familiar with the basics of solid and striped yellow line usage? This could be one you could be charged under.

    http://yonkerspd.com/vt/article24.htm#t1110
    What? I didn't read anything about double yellow lines in there. Is the double yellow line a traffic control "device?" If so, maybe you could elaborate on the double yellow and state specifically what aspect of the statute was violated.

    I don't know the law in New York, but I'm guessing the double yellow means approximately what it does in California. There are plenty of situations in which a double yellow can be crossed legally.

    How about citing the specific statute that would amount to a violation here? In this case, the OP verified that westbound traffic was stopped (for a light). An eastbound driver had indicated it was safe for him to proceed, and none of the eastbound traffic posed a problem. Then, a westbound driver crossed the double yellow, went the wrong way in a turn lane, and crashed into his vehicle. First, there's no evidence yet that he could have seen this vehicle. Second, that vehicle violated as many as three separate rules of the road, in all fifty states. It is completely unreasonable to assign any amount of the blame to the OP.

    The only reasonable blame for the OP would arise if the other vehicle was an emergency vehicle in code 3 operation. We can only hope that either the courts or a higher ranking officer will fix this.

    The above comments obviously assume what the OP says is true. It's the only information we have to work with.

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    Default Re: Driver Must Not Cross Yellow Line Ever, Not Even to Turn Left from Driveway

    First it was not safe to exit the drive. OP's actions going into the area of an intersection raise the issues that action was unsafe also. It can also be argued he crossed over marked lanes illegally, failed to properly signal for and make a lane change. These issues are apparently what the officer wants time to consider.

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    Default Re: Driver Must Not Cross Yellow Line Ever, Not Even to Turn Left from Driveway

    Quote Quoting Disagreeable
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    First it was not safe to exit the drive. OP's actions going into the area of an intersection raise the issues that action was unsafe also. It can also be argued he crossed over marked lanes illegally, failed to properly signal for and make a lane change. These issues are apparently what the officer wants time to consider.
    Dis...you are doing it again.

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    Default Re: Driver Must Not Cross Yellow Line Ever, Not Even to Turn Left from Driveway

    You mean we have two people in this thread that do not understand a double yellow line is for traffic control? Remember, we are talking about a travel lane and a turn lane OP crossed. Presumably, they did not enter into the turn lane, signal then safely merge into the travel lane.

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    Default Re: Driver Must Not Cross Yellow Line Ever, Not Even to Turn Left from Driveway

    Quote Quoting Disagreeable
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    You mean we have two people in this thread that do not understand a double yellow line is for traffic control? Remember, we are talking about a travel lane and a turn lane OP crossed. Presumably, they did not enter into the turn lane, signal then safely merge into the travel lane.
    Did I indicate that the double yellow line was not intended to control traffic? Hmmm. Remember, the travel lane the OP crossed was not in use as the traffic that would use it was stopped at a RED LIGHT. Remember, the driver legally in the travel lane that the OP intended to use had yielded to the OP (although not required to so yield). Remember, the car that hit the OP was going the wrong way, in a turn lane, having crossed the double yellow...ILLEGALLY and most likely violating a signal light, although that part is not clear. And what would the question of whether they entered the turn lane before safely merging have to do with it? Are you saying they should have first entered the turn lane and then attempted to merge, even though other thru traffic had already indicated it was yielding? You prefer a head-on collision in the turn lane? Would the head-on have reduced or increased the OP's fault here or would it have been irrelevant? Did you find the statute yet that says the OP should yield to wrong-way traffic in the turn lane?

  8. #8

    Default Re: Driver Must Not Cross Yellow Line Ever, Not Even to Turn Left from Driveway

    Quote Quoting donzoh1
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    And what would the question of whether they entered the turn lane before safely merging have to do with it? Are you saying they should have first entered the turn lane and then attempted to merge, even though other thru traffic had already indicated it was yielding? You prefer a head-on collision in the turn lane? Would the head-on have reduced or increased the OP's fault here or would it have been irrelevant?
    I don't understand his/her theory here because even if I had turned left into the turn lane and then merged into the travel lane I'd still be crossing the double yellow line. More importantly I'd still be hit by a driver going the wrong way, as you point out it would have been head on and I feel more seriously hurt in a head on collision as the other vehicle was much larger than mine.

    Quote Quoting donzoh1
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    Did you find the statute yet that says the OP should yield to wrong-way traffic in the turn lane?
    I still would like to see the statute that I violated, because I can't find it, I can only find this:

    http://codes.lp.findlaw.com/nycode/VAT/VII/25/1126
    (a) When official markings are in place indicating those portions of any highway where overtaking and passing or driving to the left of such markings would be especially hazardous, no driver of a vehicle proceeding along such highway shall at any time drive on the left side of such markings. (b) The foregoing limitations shall not apply to the driver of a vehicle turning left while entering or leaving such highway. (c) Where a two-way left turn lane or a paved and clearly traversible dividing section separates the travel lanes for traffic proceeding in opposite directions, the foregoing limitation shall not apply to the driver of a vehicle traveling within such lane or section for such distance as is required for safety in preparing to turn left leaving such highway or in completing a left turn entering such highway.

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    Default Re: Driver Must Not Cross Yellow Line Ever, Not Even to Turn Left from Driveway

    Not as an interpretation of statute, it must be done safely. You claim to have entered into the intersection safely, yet an accident happened. You crossed into the culmination of the intersection and apparently failed to properly introduce the positioning of the car legally. The distance when you and the other vehicle entered this lane by your own definition was half a block away, you should have had time to straighten your car and avoid the accident with that much room, yet again you failed. Now that we have gone back and forth on this, though I think clearly laws were broken, I do not think any would have changed the outcome significantly except that I think the distance was shorter and the damage likely avoided if OP would have had time to straighten his car.

  10. #10

    Default Re: Driver Must Not Cross Yellow Line Ever, Not Even to Turn Left from Driveway

    Quote Quoting Disagreeable
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    Not as an interpretation of statute, it must be done safely. You claim to have entered into the intersection safely, yet an accident happened. You crossed into the culmination of the intersection and apparently failed to properly introduce the positioning of the car legally.
    I've already told you this did not happen in or near an intersection...

    Quote Quoting Disagreeable
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    The distance when you and the other vehicle entered this lane by your own definition was half a block away, you should have had time to straighten your car and avoid the accident with that much room, yet again you failed.
    I never saw this vehicle before the accident and never said I did. Fail for you...

    Quote Quoting Disagreeable
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    Now that we have gone back and forth on this, though I think clearly laws were broken, I do not think any would have changed the outcome significantly except that I think the distance was shorter and the damage likely avoided if OP would have had time to straighten his car.
    The only one going back and forth is you! The only thing at issue here (that I asked for help here) is with crossing the double yellow line after taking a left from a private drive way. You have been told you were wrong by everyone here and tried to cook up liability for a driver who did nothing wrong.

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