Passing motor vehicles. The burden is on the passing vehicle. Depending on the act regulating traffic on highways, the motorist of a automobile overtaking another vehicle proceeding in the same direction shall pass to the left at a safe length and shall not again drive to the right side of the roadway until safely away from the overtaken automobile. Then the act permits passing on the right as follows:
When the automobile overtaken is making or about to make a left turn. Upon a street or highway with unobstructed pavement not occupied by parked vehicles, of sufficient width for two or more lines of moving cars in each direction. Upon a one-way street, or upon any freeway on which traffic is limited to one direction of movement, where the highway is free from obstructions and of sufficient width for two or more lines of moving motor vehicles.
In areas like New York City, passing on the right is nearly as common as passing on the left.
You know from your everyday experience the general procedures for a motorist of a automobile who is about to pass another automobile: First, they must pick a safe place to pass; second, he must make sure the road ahead is clear; third, he must give a proper signal; Next, he should not exceed the speed limit; fifth, there needs to be sufficient clearance between the two motor vehicles; finally, after passing, the driver of the passing automobile needs to be careful in turning back-and not "cut in." If a motorist fails to see these precautions, he may be negligent and, as a result, not able to collect for his damages.
Stay to right of center. When two cars approach each other from opposite directions, both must yield one-half of the highway.
Every driver shall stop under certain situations. The driver of every automobile approaching a railroad grade crossing shall stop said automobile within fifty feet but not less than fifteen feet from the nearest rail when (an electric or mechanical signal gives warning of an approaching train; when the gate is lowered or a human flagman gives warning; a railroad train approaches within fifteen hundred feet and gives warning, and by reason of its speed is a hazard; a train is plainly visible and is in hazardous proximity to such crossing.
Dark, stormy or foggy weather conditions are no excuse. It doesn't give you the right to take a risk. In the same way, where dust, smoke or steam obscure a crossing, it may be contributory negligence to attempt to cross without waiting until the atmosphere has cleared so that you can see. It's no excuse for you to be inside of a covered or closed car which interferes with your sight or hearing. Neither are you relieved from responsibility when your hearing is obstructed by covers or muffs over your ears.
Duty of the railroad at crossings. The railroad has a superior right at crossings. By reason of the character and momentum of a railroad train and the requirements of public travel, a moving train is entitled to a right of way at a crossing. That requires the theoretical idea that where a railroad train and a vehicle approach a crossing at the same time, it is not the duty of the railroad company to stop its train. Then it is the duty of the driver to stop his vehicle. Nevertheless, railroad companies must exercise care at crossings; they must exercise greater care at a public crossing than at a private one. Click here fo view discount auto insurancerates online.
Railroad companies have duties to maintain and construct crossings in such a manner as to render them safe and convenient to the traveling public. Defects in railroad crossings can be the basis of liability. Railroad companies need to have safe approaches and grades and must provide sufficient width at public crossings for vehicles to pass. They must not maintain an obstruction of view or hearing at the crossing.
Usually, railroad companies must exercise ordinary care by adopting reasonably safe methods of warning travelers of the approach of trains.
Even without the a special statute, there is no obligation on the part of a railroad to maintain automatic signals at crossings. But when it does have automatic signals, it is under a duty to keep them in good working order with frequent inspection. Once the railroad has flagmen or gatemen, the public may rely on those railroad employees performing their duty. Typically, backing or kicking engines or unattended vehicles over a crossing is not necessarily negligent in and of itself, but the railroad company is likely to take special precautions to avoid injuries during such operations.
When the automobile overtaken is making or about to make a left turn. Upon a street or highway with unobstructed pavement not occupied by parked vehicles, of sufficient width for two or more lines of moving cars in each direction. Upon a one-way street, or upon any freeway on which traffic is limited to one direction of movement, where the highway is free from obstructions and of sufficient width for two or more lines of moving motor vehicles.
In areas like New York City, passing on the right is nearly as common as passing on the left.
You know from your everyday experience the general procedures for a motorist of a automobile who is about to pass another automobile: First, they must pick a safe place to pass; second, he must make sure the road ahead is clear; third, he must give a proper signal; Next, he should not exceed the speed limit; fifth, there needs to be sufficient clearance between the two motor vehicles; finally, after passing, the driver of the passing automobile needs to be careful in turning back-and not "cut in." If a motorist fails to see these precautions, he may be negligent and, as a result, not able to collect for his damages.
Stay to right of center. When two cars approach each other from opposite directions, both must yield one-half of the highway.
Every driver shall stop under certain situations. The driver of every automobile approaching a railroad grade crossing shall stop said automobile within fifty feet but not less than fifteen feet from the nearest rail when (an electric or mechanical signal gives warning of an approaching train; when the gate is lowered or a human flagman gives warning; a railroad train approaches within fifteen hundred feet and gives warning, and by reason of its speed is a hazard; a train is plainly visible and is in hazardous proximity to such crossing.
Dark, stormy or foggy weather conditions are no excuse. It doesn't give you the right to take a risk. In the same way, where dust, smoke or steam obscure a crossing, it may be contributory negligence to attempt to cross without waiting until the atmosphere has cleared so that you can see. It's no excuse for you to be inside of a covered or closed car which interferes with your sight or hearing. Neither are you relieved from responsibility when your hearing is obstructed by covers or muffs over your ears.
Duty of the railroad at crossings. The railroad has a superior right at crossings. By reason of the character and momentum of a railroad train and the requirements of public travel, a moving train is entitled to a right of way at a crossing. That requires the theoretical idea that where a railroad train and a vehicle approach a crossing at the same time, it is not the duty of the railroad company to stop its train. Then it is the duty of the driver to stop his vehicle. Nevertheless, railroad companies must exercise care at crossings; they must exercise greater care at a public crossing than at a private one. Click here fo view discount auto insurancerates online.
Railroad companies have duties to maintain and construct crossings in such a manner as to render them safe and convenient to the traveling public. Defects in railroad crossings can be the basis of liability. Railroad companies need to have safe approaches and grades and must provide sufficient width at public crossings for vehicles to pass. They must not maintain an obstruction of view or hearing at the crossing.
Usually, railroad companies must exercise ordinary care by adopting reasonably safe methods of warning travelers of the approach of trains.
Even without the a special statute, there is no obligation on the part of a railroad to maintain automatic signals at crossings. But when it does have automatic signals, it is under a duty to keep them in good working order with frequent inspection. Once the railroad has flagmen or gatemen, the public may rely on those railroad employees performing their duty. Typically, backing or kicking engines or unattended vehicles over a crossing is not necessarily negligent in and of itself, but the railroad company is likely to take special precautions to avoid injuries during such operations.
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