18 THE QUEENS COURIER • JANUARY 17, 2019 FOR BREAKING NEWS VISIT WWW.QNS.COM
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RIGHT OF WAY
Q: My friend was driving, and I was in the front seat. We came to an
intersection that has a stop sign. On the other street, there is no stop sign. I
remember very little after that, including whether she came to a full stop.
A: Generally, under section 1142(a) of the Vehicle and Traffic Law,
your friend was required to stop – and, even after that, yield the right of way
to any vehicle that was approaching so closely as to constitute an immediate
hazard.
All the same, there can be more than one proximate cause of an
accident. While the driver with the right-of-way is entitled to assume that
other drivers will obey the traffic laws requiring them to yield, the driver with
the right-of-way also has an obligation to keep a proper lookout and see what
can be seen through the reasonable use of his or her senses to avoid colliding
with another vehicle.
Even if your friend failed to yield the right-of-way, perhaps this
failure was not the sole proximate cause of the accident. Perhaps the other
driver was speeding, abusing a substance, preoccupied with a cell phone,
absorbed in the radio, consumed by thoughts of love or anger, rebuking a
passenger – or otherwise guilty of failing to take reasonable care to avoid this
tragedy.
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