DEFENDANT IN THIS INTERSECTION TRAFFIC ACCIDENT CASE HAD THE GREEN LIGHT AND WAS GOING STRAIGHT; PLAINTIFF WAS IN THE INTERSECTION MAKING A LEFT TURN FROM THE ONCOMING LANE; THERE WAS A QUESTION OF FACT ABOUT WHO HAD THE RIGHT OF WAY UNDER THE VEHICLE AND TRAFFIC LAW (FIRST DEPT).

The First Department, reversing Supreme Court, determined there was a question of fact concerning which of the two vehicles which collided had the right of way. Defendant had the green light and was driving straight. Plaintiff was making a left turn across defendant’s lane. Pursuant to Vehicle and Traffic Law section 1141, if plaintiff was in the process of turning when the light turned green, plaintiff would have had the right of way:

Plaintiff argues that defendant was required under Vehicle and Traffic Law § 1111 to yield the right-of-way because plaintiff’s vehicle was in the intersection before defendant’s vehicle … . Vehicle and Traffic Law § 1111 provides, in relevant part, that traffic facing a steady green signal — here defendant — may proceed straight but shall yield the right of way to other traffic lawfully within the intersection at the time the signal is exhibited. Plaintiff testified that he almost completed his left turn through the intersection when he first saw defendant. The evidence does not conclusively establish which vehicle was required to yield. Moreover, both parties testified that the truck blocked the intersection and prevented them from being able to observe oncoming traffic.

Additionally, under Vehicle and Traffic Law § 1143, a driver “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.” Plaintiff contends that defendant was required to yield because defendant attempted to enter the roadway from the bicycle and parking lanes to get around the truck. However, the record does not provide conclusive evidence of each vehicle’s location leading up to the accident and which party ultimately had a duty to yield. Accordingly, there are questions of fact precluding summary dismissal of plaintiff’s complaint. Sanchez-Rodriguez v Bruce, 2026 NY Slip Op 06077, First Dept 10-20-26

Practice Point: In an intersection accident case where one vehicle is traveling straight through the intersection on green and the oncoming vehicle is in the intersection making a left turn when the light changed, the vehicle which is in the intersection first has the right of way (Vehicle and Traffic Law 1141).