Double yellow line

What is the name of your state? New York

If a car is in the Southbound lane of a two lane road and attempts to pass a car in the same lane and crosses onto the Northbound lane over the double yellow line, then hits the car they tried to pass, is it a traffic violation when the driver claims they thought the car they hit was going to stop? Can you provide a citation for this as well? Thank you.

[CdwJava]

Considering you are not allowed to cross the double yellow at all, I'd say there is at least two violations - one for crossing into the oncoming lane and another for unsafe passing.

There are a number of online resources for NY state vehicle law - take a look around.

- Carl

[racer72]

The only moving violation ticket I ever received was for crossing double yellow lines.

(New York)
Thank you for your information I understand the post reply from Carl but the other one I'm not sure what prompted the tort. I have never received a traffic violation of any kind whatsoever. I am a very safe driver. I came to this site in an effort to find a citation for the State of New York and some sort of information for an instance comparable to mine.

I was rear ended by a 17 year old driver who told a State Trooper she was trying to pass me over the double yellow line, her insurance company said it was 75% negligence on my part even though both witnesses for the defendant said my vehicle was moving at the time, as I attempted to turn left. I have attorneys, I am living with one as well, but they are all too busy to answer my questions and say it is being taken care of not to worry.

Once again thank you for taking the time to answer me.

[CdwJava]

So, this driver passed you on the left - over a double yellow line - as you were trying to turn to the left? If you failed to signal, I can see how they (the insurance companies) might consider you at least partially liable.

You have to understand that the insurance companies assign fault based upon an entirely different set of rules than what criminal law allows. The fact that the other driver may have been in violation of two or more vehicle code sections is often irrelevant to the insurance company's assignation of responsibility.

Plus! You note that it is HER insurance company claiming you were 75% responsible ... of course they said that! THEY have to pay out for the damage, so they are trying to minimize their client's responsibility. What does your insurance company say?

- Carl

(NY)

Hi my insurance company said, she was at fault. However, in NY each insurance company covers their own insured for medical needs, it is referred to as No Fault. There is also a thresh-hold to meet for injuries, I have filed suit for injuries and that is where the other insured's insurance company said I was 75% at fault.

I was driving in a southbound lane in upstate New York, I signaled to make a left turn and just as I was in my turn and almost completely on the other side of the road in the Northbound lane I was hit from behind in the left corner of my car, the impact spun my car around and I was then facing Northbound but on the other side of the white line.

The witness and the driver who struck me said I was half on the road and half over the white line, this is not true, however the driver who struck me said I did not signal, and the witness said she doesn't know if I did or not. They both agreed in deposition my vehicle was moving at the time and the witness stated that the driver who struck me had room to stay in the Southbound lane and pass me there.

I am still searching for a statute in New York that states if you pass over the double yellow line you are at fault no matter what, the attorney's in my life are too busy to discuss it and think I am sweating over the small stuff. But I know if it is important to the insurance company who writes the check as to then it is important to me. I guess we are going to let a juror decide.

By the way, my brother in-law is a CHP in Red Bluff, what part of California are you in, I am thinking Nor-Cal means Northern California, I am from Chico.

Thanks,

Deenaundefined

[CdwJava]

Originally Posted by DeenaW

By the way, my brother in-law is a CHP in Red Bluff, what part of California are you in, I am thinking Nor-Cal means Northern California, I am from Chico.

Your home, and your bro-in-law, appear to be my neighbors!

The REAL 'Northern California' doesn't start til you get north of Sacramento.

I wish I knew the statute in NY, but I don't know them well enough for your purposes - so good luck there.

- Carl