Brooklyn Car Accident Right of Way Question

[jcoltrane]

Originally Posted by newjersied

This question goes out to those NYC folks who are intimately familiar with NYC Traffic laws. Over the weekend my wife was in a car accident in Brooklyn. Somewhere in the vicinity of Kings Highway and Ave H.

If vehicle 1 is traveling on a road that also has a service road and makes a right turn when the traffic light is green AND vehicle 2 is traveling (straight) on this service road who has the right of way?

Which of these two vehicles has the right of way?

Unfortunately, you have premised the question wrongly, and have described the situation inaccurately.

It is not a matter of "right of way". It is a matter of whether, in that circumstance, are 'right' turns allowed?

They are not!

Your wife made an 'illegal turn'.

*****

Most of you are a bit confused.

Driving in the main road on streets like Ocean Parkway, Eastern Parkway, Queens Blvd., etc., do you all think it makes 'sense' that vehicles traveling at speed on the main road (of higher speed roadways), in order to make a right turn, to SLOW down, then STOP and 'Yield' for Service Road traffic?

Doing so would cause backups and and VERY serious rear end accidents. Most cars traveling at speed w/n be capable of stopping before the turning vehicle. SMASH! Also most directional arrows deal with left hand turns not right.

The reality is that most Service Road intersections have STOP signs at each intersection. Turning 'right' from the main road, essentially, places the vehicle onto the 'cross' street. Unless there is a traffic light, Service Road traffic must yield to the 'Cross' street traffic, which is why there is a STOP sign at most intersections. Eastern Parkway is a perfect example of this circumstance. It exists this way because there are no service road entryways as there are on later built roadways (such as Kings Highway).



In other cases, such as on Queens Blvd. and Kings Highway, and specifically the intersecion of KH and Ave H, RIGHT TURNS are NOT allowed from the 'main road'!!!

Vehicles are required to enter the Service Road (before the intersection) in order to make a right turn.

In the OP's case, just by the CVS parking lot entrance is the service road ENTRANCE!! Vehicles enter the Service Road, proceed to the intersection, then turn right.

Miss the service road entrance and you'll need to wait until the next opportunity to enter the service road.

Also, you are NOT allowed to enter the Service Road from the main road intersection!

The above disallowed maneuvers are PRECISELY how and why accidents happen in that area and on other roads like it. People disregarding basic common sense safety!!!!

[jcoltrane]

Originally Posted by Fred314X

Off ramps? Kings Highway? Kings Highway got that name in the 18th century. It's not a literal highway in the modern sense.

Service roads like the one alongside Kings Highway (Ocean Parkway has 'em, too) haven't got traffic lights. Only the main ones have. So does that imply that if you decide to drive in the service lane on either of these city streets, you don't have to stop if the light above the main road is red? I don't think so.

Fred, I believe Nevia simply used incorrect terminology for what is essentially an "off ramp". Entryway w/h been more approriate.

Also, you are incorrect.

There are indeed, traffic signals at many service roads. Specifically, at the intersection in question. KH has many as a consequence of the non-perpendicular nature of its intersections. Often, as a result of multiple roads crossing and intersecting KH at a common point. Again, like the OP's example.

[jcoltrane]

Originally Posted by Fred314X

^ I happen to live on Ocean Parkway, so it actually wasn't necessary to tell me about stop signs on the service roads. Here's how people do it:

They use the service roads and pretend that the traffic lights over the main roadway aren't for them. And the stop signs might as well be removed, because they're routinely ignored. I was hit by a car right across the street from my building...with all the lights in my favor.

Interestingly enough, when NYPD decides to raise a little revenue for the city, they'll often set up shop along Ocean Parkway, and you can hear the repetitive droning all day long. "Pull over to the curb. Pull over to the curb. Pull over to the curb..."

Aren't you speaking of the bad habits of drivers in your area, as opposed to what is LEGALLY correct and required?

*****

No Fault insurance in the most general and concise sense, essentially absolves the need to *determine* fault. Each party through their insurance company accepts responsibility for their respective damage. In essence, no one sues anyone and the courts are not involved.

Saving the insurance companies a load of money and theoretically policyholders as well. Theoretically, it also results in quicker insurance payouts.

No Fault is a *direct* consequence of the State's requirement that all drivers MUST carry insurance. Without this requirement No Fault w/n work.

Of course, not all drivers comply with the law, and drive w/o insurance. No Fault ONLY covers circumstances where *both* drivers are insured.

Which is why it is prudent to carry *specific additional* "uninsured driver" insurance to cover yourself in the event you are involved in an accident with an uninsured driver.

This sht ain't rocket science.....

[wharlem120s]

There she goes again....

Remember got to watch the blood...

[mathjak107]

Originally Posted by jcoltrane

Aren't you speaking of the bad habits of drivers in your area, as opposed to what is LEGALLY correct and required?

*****

No Fault insurance in the most general and concise sense, essentially absolves the need to *determine* fault. Each party through their insurance company accepts responsibility for their respective damage. In essence, no one sues anyone and the courts are not involved.

Saving the insurance companies a load of money and theoretically policyholders as well. Theoretically, it also results in quicker insurance payouts.

No Fault is a *direct* consequence of the State's requirement that all drivers MUST carry insurance. Without this requirement No Fault w/n work.

Of course, not all drivers comply with the law, and drive w/o insurance. No Fault ONLY covers circumstances where *both* drivers are insured.

Which is why it is prudent to carry *specific additional* "uninsured driver" insurance to cover yourself in the event you are involved in an accident with an uninsured driver.

This sht ain't rocket science.....

they cover wages and medical up to 50k . unless you have collision insurance your SOL for property damage to the moving vehicles involved. parked cars and real property other than non motor vehicles will be covered by no fault too.

any punitive damages ,pain and suffering still need to have fault determined.

the reality is every accident has a fault determined by your carrier . you will be held accountable if its your fault.

insurance surcharges for accidents are still alive and well.