In a city like New York, it is not uncommon for vehicles to reverse into a street or sidewalk when backing out of a driveway. Unfortunately, this often results in car crashes. According to statistics from the National Highway Traffic Safety Administration (NHTSA), there are about 15,000 backing-up auto accidents in the United States annually. If you were involved in an accident caused by a driver backing out of their NYC driveway, understanding who has the right-of-way could help determine fault and recover damages for your injuries.
Understanding Backing-Up Auto Accidents
A backing-up accident (or back over accident) can be described as a type of auto crash which occurs when a driver moving their car in reverse hits another person or vehicle. The “backing out” crash is the most common type of parking lot crash in New York City. In the case of backing out of a driveway accident, the fault is usually determined by which driver had the right of way, whether the car was moving, and other surrounding factors.
Who Has the Right of Way?
Though generally ignored, parking spaces in New York City have similar right-of-way rules to roads and highways. Pursuant to NY Vehicle and Traffic Law Section 1143,
“The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right of way to all vehicles approaching on the roadway to be entered or crossed.”
According to the New York Department of Motor Vehicles (DMV), “a vehicle that enters a roadway from a driveway, alley, private road, or another place that is not a roadway, must stop and yield the right-of-way to traffic on the roadway and to pedestrians.”
Therefore, if both cars were moving when the collision occurred, then the party that violated the traffic regulation and failed to yield the right-of-way will be found at fault for the auto accident. In this situation, the driver backing out of the driveway may be held liable.
Thoroughfare Lanes and Feeder Lanes
Furthermore, parking lots in New York comprise of two types of roadways - thoroughfare and feeder lanes. The difference between thoroughfare lanes and feeder lanes can determine who has the right of way.
Thoroughfare Lane: A thoroughfare lane is a lane in a parking lot that exits onto a road or cuts through the parking lot.
Feeder Lane: Conversely, a feeder lane is a roadway connecting the thoroughfare lane. It does not lead directly to a highway or road. For instance, the road that connects rows of parked cars.
Typically, those driving in the feeder lane must yield the right-of-way to people in the thoroughfare lane or main roadway. However, drivers turning left or right from a thoroughfare lane into a feeder lane must yield the right-of-way to traffic approaching from the opposite direction.
Drivers Turning Left
For any left turn, New York State laws require the driver to yield the right of way to any approaching traffic. Pursuant to NY Vehicle and Traffic Law Section 1141,
“The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close as to constitute an immediate hazard.”
Two Vehicles Back Out At the Same Time
At times, it is possible that two vehicles may back into each other while backing out. If the two vehicles back out at the same time with no mitigating circumstances, both can be mutually responsible. Since both drivers were moving, they will take responsibility for the collision. However, if they were not reversing, the driver turning left can be at fault.
Is the Driver Backing Out Always At Fault?
The flow of traffic has the right of way. Nonetheless, the driver backing out of their driveway may be a victim of the other party’s negligence, even if they fail to comply with the right-of-way traffic regulations. Some circumstances that may swing the pendulum of guilt in the other driver’s direction include:
Speeding
Reckless driving
Intoxication or driving while under the influence
Failure to yield
Driver’s negligence, such as distracted driving and disobeying traffic laws.
If the accident occurred due to any of the above circumstances, the other driver may be held liable.