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  1. #1

    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

  3. #3
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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

    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?

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

    The other driver breaking the same law is not a defense. I provided the statute OP was in violation of, which is what they requested.
    http://codes.lp.findlaw.com/nycode/VAT/VII/24

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

    Here's the relevant statute, which permits turning left out of your driveway.
    Quote Quoting New York Vehicle & Traffic Law, Sec. 1126. No-passing zones.
    (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

    Which then gets back to whether OP moved into the turn lane, then signaled and crossed the second lane marking or tried to drive straight across to it.

  9. #9

    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

    All of my points can be summed up by multiple violations of this statute OP can be deemed to have committed.


    http://codes.lp.findlaw.com/nycode/VAT/VII/28/1163
    (a) No person shall
    turn a vehicle at an intersection unless the vehicle is in proper
    position upon the roadway as required in section eleven hundred sixty,
    or turn a vehicle to enter a private road or driveway, or otherwise turn
    a vehicle from a direct course or move right or left upon a roadway
    unless and until such movement can be made with reasonable safety. No
    person shall so turn any vehicle without giving an appropriate signal in
    the manner hereinafter provided.
    (b) A signal of intention to turn right or left when required shall be
    given continuously during not less than the last one hundred feet
    traveled by the vehicle before turning.
    (c) No person shall stop or suddenly decrease the speed of a vehicle
    without first giving an appropriate signal in the manner provided herein
    to the driver of any vehicle immediately to the rear when there is
    opportunity to give such signal.
    (d) The signals provided for in section eleven hundred sixty-four
    shall be used to indicate an intention to turn, change lanes, or start
    from a parked position and not be flashed on one side only on a parked
    or disabled vehicle, or flashed as a courtesy or "do pass" signal to
    operators of other vehicles approaching from the rear.

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