Need clarity on right of way

[BenzDriverS]

What is the name of your state? New York

Car A is exiting a gas station and is hit on the sidewalk(front wheels still on sidewalk) by car B traveling against traffic and making a left turn into the gas station. Car B seems to be in violation of VTL 1166b and car A seems to be in violation of VTL 1140. Who has right of way in this scenario?

 

[PayrollHRGuy]

Did you post a video of this on a forum? Either this one or another.

 

[BenzDriverS]

Yes, there is a video on youtube.

 

[HighwayMan]

Car A is exiting a gas station and is hit on the sidewalk(front wheels still on sidewalk) by car B traveling against traffic and making a left turn into the gas station. Car B seems to be in violation of VTL 1166b and car A seems to be in violation of VTL 1140. Who has right of way in this scenario?

VTL 1140 does not apply and there is absolutely no evidence to suggest that VTL 1166(b) was violated.

 

[PayrollHRGuy]

This would apply to Car A.

S 1143. Vehicle entering roadway. The driver of a vehicle 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.

 

[HighwayMan]

Vehicle B was apparently already off the roadway when the collision occurred, although 1143 would be the most appropriate here.

The possible VTL charges are pretty irrelevant at this point since neither driver will be ticketed if they weren't already. Even if they were that doesn't mean they would be convicted of anything.

The insurance companies of the respective drivers will determine fault. Without any further information I would bet that fault would be a 50-50 split - but that's strictly my uneducated opinion.

 

[BenzDriverS]

VTL 1140 does not apply and there is absolutely no evidence to suggest that VTL 1166(b) was violated.

There is video evidence of VTL 1166(b)

S 1166. Required position for turning at alley, driveway, private road
or onto property off the roadway. The driver of a vehicle intending to
turn from a roadway into an alley, driveway, private road or onto
property off the roadway, shall approach the turn as follows:
(a) Right turns. The approach for a right turn shall be made as close
as practicable to the right-hand curb or edge of the roadway.
(b) Left turns from two-way roadways. The approach for a left turn
from a two-way roadway shall be made in that portion of the right half
of the roadway nearest the center thereof.
(c) Left turns from other than two-way roadways. The approach for a
left turn from a roadway on which traffic is restricted to one direction
shall be made in the extreme left-hand lane lawfully available to
traffic.

Does this not apply to a vehicle traveling the wrong what that makes a left turn?

 

[HighwayMan]

There is video evidence of VTL 1166(b)

Even if so I don't see that being relevant to the crash.

Does this not apply to a vehicle traveling the wrong what that makes a left turn?

Huh? English please.