Failure to Yield to Pedestrians in Crosswalks

As a lawyer who defends people who receive summonses for moving violations, I frequently represent clients for Failure to Yield to Pedestrians. These summonses are issued more in NYC than they are in the rest of New York State. VTL 1151 provides pedestrians’ right of way in crosswalks. (a) When traffic-control signals are not in place or in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk on the roadway upon which the vehicle is traveling, except that any pedestrian crossing a roadway at a point where a pedestrian tunnel or overpass has been provided shall yield the right of way to all vehicles. It does not matter that you drove into the intersection on a green light. As long as the pedestrian is lawfully in the crosswalk, you may not enter the intersection. The pedestrian has the right of way if he or she has entered the intersection with a walk signal.

Failing to yield to a pedestrian or give them the right of way can result in a 3 point summons. So far this year there have been 17,490 summonses issued for failing to give a pedestrian the right of way in New York City. That is an alarming number that unfortunately will continue to grow. This is a city of pedestrians. No matter what time of day there will always be a sea of people walking to and from their destinations. Be mindful of them as they cross the streets.  According to Mayor DeBlasio’s Vision Zero data, there are 22 pedestrians killed a year and 1,925 pedestrians injured yearly in the city. Safer driving is imperative! Always give pedestrians the right of way and stay off electronic devices while driving so you can give 100% of your attention the condition of the road.

A conviction for Failure to Yield to Pedestrians will result in three points and a minimum fine of $138. If you receive a summons for Failure to Yield to a Pedestrian you or your attorney must personally appear in court. You cannot plead guilty by mail or internet. If you have recently received a summons for this violation or any other moving violation in New York please contact me at my office at 212-227-9008 or via email at michaelblock.law@gmail.com.

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