Failure to Yield To A Pedestrian VTL §1151

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New York experiences a high number of pedestrian injury accidents and fatalities every year.  The New York Vehicle and Traffic Law (VTL) protects the safety of motorists and pedestrians alike.  Generally pedestrians are given the right of way unless they demonstrate negligent or reckless behavior such as stepping in front of a moving vehicle without giving the vehicle enough time to stop or jaywalking.

Under NY VTL §1151, Failure to Yield to a Pedestrian, the law states that even when there is no traffic signal or working signal, a driver must yield to a pedestrian crossing within a crosswalk.  Also, whenever any vehicle has stopped to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear may not pass or overtake the stopped vehicle.  That means a driver of a vehicle must stop and stay stopped for a pedestrian crossing the roadway within any marked crosswalk.

Points and Fines For  NY VTL §1151

For motorists, Failure to Yield to a Pedestrian is a moving violation which can subject you to a $150 fine plus a mandatory NYS surcharge of $93 for the first offense and 3 points on your license.

In New York, police officers target high pedestrian crash locations by issuing warnings and summonses to both motorists and pedestrians whose actions can put individuals at risk.

For your safety, remember:


  • Stop for pedestrians in designated crosswalks.
  • Be alert for pedestrians at all times, especially when turning.
  • Obey the speed limits.
  • Do not block or park in crosswalks.


  • Remember to always cross within marked crosswalks or at the corners of a street.
  • Obey traffic signals, such as “Walk/Don’t Walk”.
  • Be alert and watch for cars that are turning.
  • Stay sober; walking while impaired greatly increases your chance of being struck.

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This post was written by Adam H. Rosenblum Esq.

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  • Micaiah
    September 13, 2018

    I received a ticket for failure to yeild to a pedestrian. Problem is that I actually did stop and stayed stopped for at least 10 seconds while someone was crossing the street. Then I proceeded. When the cop pulled me over I asked why I was being stopped and said I’ll tell you when you give me your license. I gave my license and then she told me I failed to yield to a pedestrian…which is a damn lie. I told her this and she just said “well technically you’re supposed to wait for the intersection to be clear before you go”. What?? Where is that law written?! To say the least I’m extremely upset and this is unjust. This is the second ticket I received in this in the same intersection. Both wrongly given to me. I think they have police there specifically to write false tickets to fill some kind of quota. Not to mention I saw her 10 mins earlier giving someone else a ticket in the the same area a few blocks away.

    • Ronen Cohen
      September 14, 2018

      Micaiah – Please clarify first what court has jurisdiction over this case and second, whether there were any signs present at the intersection.

  • Yasmin Walker
    April 22, 2016

    I am 62 years old and never received a ticket until yesterday. Driving through our area park sirens went off…Never noticed any crosswalk.
    The young officer said did you see a pedestrian getting ready to cross. I unfortunately said no. He ask for my license, registration and returned to his vehicle. He returned with an big explanation on what to do with my ticket. I was so embarrassed seeing all the cars backed up behind us in the park. So I guess I will just send ticket in and hopefully won’t get a large fine. But I avoid the park and the runners in it from now on..will take the streets. Too Old for This!

    • Adam Rosenblum
      May 2, 2016

      Hi Yasmin, it sounds like you have received a ticket for failing to yield to a pedestrian. This is a 3 point ticket with a maximum court fine of $235. We suggest pleading not guilty. Please contact us for a free consultation if you have any questions or concerns at 888-883-5529.