In NY, when a car is parked & wants to back out & another car is driving past, which has the right of way?

Similar questions: NY car parked back driving past.

Who goes first Cars on the main thoroughfare always have the right of way. You can yield to the other person out of courtesy. Sources: personal experience ny .

The car that is moving down the street has the right of way... ...and the driver of the parked car that is backing out needs to yield. However, if the driver of the parked car isn't paying attention, the driver of the other car with the legal right of way needs to be driving defensively to avoid a collision. That is the answer for virtually every location around the world...in my experience.

Now, I looked in the NY State Driver's Manual to see if I could find it in writing. I couldn't find an exact rule that supports the above. Here is the equivalent for a car that was parallel parked: "To pull out of a parallel parking space...Six steps to entering more safely into traffic: 1) Turn your head to look over your right shoulder and check through the backseat rear-window for pedestrians, bicyclists, motorcyclists and other vehicles that may become a hazard; 2) use your vehicle's interior rearview mirror to help keep an eye on hazards behind your vehicle; 3) signal your intentions to move from your parking space into traffic; 4) check your vehicle's side view mirrors, especially on the driver's side, for approaching vehicles, pedestrians, bicyclists, in-line skaters, motorcyclists, and other highway users; 5) turn your head to look over your left shoulder out through the backseat rear-window, and begin to slowly drive forward, making sure you can enter traffic without hitting the vehicle parked ahead; 6) again turn your head and look over your left shoulder to re-check through the backseat rear-window, pull out into the traffic lane only when it is safe to do so."

Source: nydmv.state.ny.us/dmanual/chapter07-manu... This is obviously custom written for a paralle parked car. But, the philosophy, succinctly summarized by the final, highlighted clause, applies just as much to your situation. Here is another related situation in the Driver's Manual in the section on Right of Way: "A vehicle entering a roadway from a driveway, alley, private road, or any other place that is not a roadway, must stop and yield the right-of-way to traffic on the roadway, and to pedestrians.

Example: You are driving out of a parking lot and turning right as you enter a street. A vehicle is approaching from your left. You must stop and wait for the vehicle to pass before turning onto the street.

If you were turning left, you would have to yield to vehicles approaching from both directions. If a pedestrian were crossing the parking lot exit, you would have to wait for him or her to cross. " Source: nydmv.state.ny.us/dmanual/chapter05-manu... Your situation is slightly different, as the parking space is technically in the roadway.

Here is some official text in a document on preventing aggressive driving related to parking: "Don't take up more than one parking space Don't park in a space reserved for people with disabilities unless you are disabled Don't open your door into the car next to you When parallel parking, do not tap the vehicles in front or in back of yours Always look carefully before backing out of a parking space" Source: http://www.nysgtsc.state.ny.us/aggr-ndx.htm Here's an interesting note from a website I cannot vouch for. This relates to pulling out of a parking LOT, not a parking space on a main street. "tcsd1236 07-29-03, 01:05 PM While you might have been guilty of unsafe backing, no tickets would be issued because a parking lot is private property and is not a public roadway covered under state vehicle and traffic law without the local government passing a local law making the V & T law applicable to that area.

The above advice covers NYS only. " Source: http://www.realpolice.net/forums/archive/index.php/t-5155.html -------------------------------------------------------------------------------------------------------------------------- Bottom line...if you were the car driving down the street, you should have the right of way; but, you also should be driving defensively. If you are the parked car pulling out, I think you have a very weak case, unless it is somehow possible to make a case that beyond a certain distance, you were committed to the street.

I wouldn't want to be the one standing up to make that case. Good luck to you, whichever side of this you are on...from your fellow NYS driver. Sources: http://www.nydmv.state.ny.us/dmanual/default.html ; http://www.safeny.com/vt-ndx.htm ; and, see the links above; almost 40 years of driving experience in the US and in many countries on 3 continents .

The car on the street has the right of way. The parked car must wait until it is safe to exit the parking space and enter traffic. The cars already in traffic are not obligated to yield to parked cars entering traffic.

On congested streets, that can lead to long wait times. The strategy of "sticking your nose out there" (or in this case, your rear bumper) is often used to indicate that you intend to merge into traffic, but you must still wait until a driver in that lane voluntarily yields enough room for you to enter traffic.

1 The car already in motion has the right of way. The guy wishing to back out has to wait.

The car already in motion has the right of way. The guy wishing to back out has to wait.

2 The car driving by. Any car backing out of any were never has the right away.

The car driving by. Any car backing out of any were never has the right away.

" "When I'm driving my car and I turn on the blinker or press the brake my voltage meter goes down then back up whats wrong" "I have a 1999 Mercedes CLK. I parked it and when I came back, it was dead, totally dead." "How do you feel about driving a car? " "How do I get past my perfectionism to get my creativity back?

" "When you go shopping, do you forget where the car is parked? Is that a sign of becoming senile? " "A mopedist hit my parked car and did not have insurance.

What steps should I take to get compensated?" "Do you prefer highway or back road driving? " "anyone remember a detective tv show with a car parked in the house? " "Can I still go in the military if I hurt my back in the past.

When I'm driving my car and I turn on the blinker or press the brake my voltage meter goes down then back up whats wrong.

I have a 1999 Mercedes CLK. I parked it and when I came back, it was dead, totally dead.

A mopedist hit my parked car and did not have insurance. What steps should I take to get compensated?

Can I still go in the military if I hurt my back in the past.

I cant really gove you an answer,but what I can give you is a way to a solution, that is you have to find the anglde that you relate to or peaks your interest. A good paper is one that people get drawn into because it reaches them ln some way.As for me WW11 to me, I think of the holocaust and the effect it had on the survivors, their families and those who stood by and did nothing until it was too late.