Practice point: A driver facing a red flashing light must stop before entering the intersection, pursuant to Vehicle and Traffic Law § 1113(a), and then proceed according to the rules applicable after stopping at a stop sign. A driver who fails to yield the right-of-way after stopping at a stop sign is in violation of § 1142(a), and is negligent as a matter of law.
Practitioners should note that a driver with the right-of-way is entitled to anticipate that others will obey the applicable traffic laws and yield the right-of-way.
Case: Melendez v. County of Nassau, NY Slip Op 09367 (2d Dept. 2008)
The opinion is here.
