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ticket for yielding right of way

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hammer21

Guest
What is the name of your state? New York

I was driving down a road going west slowing down to make a left hand turn. Upon reaching the intersection I slowed down and looked ahead for oncoming traffic. On the North and South roads are stop signs with a car at each stop sign. Coming from the east side, a vehicle would be cresting a hill and then going into a descent into the intersection that I was approaching. From the top of the hill to the middle of the intersection is at the speed of 55 mpg an approximate 5 second span. I looked at the two cars and then to the oncoming traffic, which there wasn't any and proceeded to turn left. I was already committed into the lane as I am lawfully supposed to be doing when turning left and a motorcycle hit me on the passenger side, more towards the back quarter panel. I am supposedly receving a ticket for failure to yield the right of way.
My question is that why am I getting ticketed when I was already committed to the turn and half of my car was into the appropriate lane heading North and the cyclist hit me? NYS law states that a driving approaching an intersection must yield the right of way to traffic already lawfully using the intersection. Am I lawfully using the intersection when I clearly need to turn left and go into the lane or is it the motorocyclist that is lawfully using it EVEN though I clearly saw no motorcyclist approaching because of the hill. Thank you.
 


racer72

Senior Member
Because NY law also states it is illegal to make a left hand turn unless you can clear the intersection safely. Traffic going straight always gets the right of way. It is quite obvious you could not safely clear the intersection.
 

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