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What are New Orleans Right-Of-Of Way Rules for Traffic Tickets & New Orleans Car Accidents?

Right of Way Rules are customs and laws codified in the Code of Ordinances, City of New Orleans in Chapter 154, Article V, Division 4. New Orleans Car Accident lawyers will refer to these laws to support or defend your case. If you suffered an injury in a New Orleans Car Accident or pedestrian accident, you may be facing important legal deadlines known as Liberative Prescription. Lavis Law Firm – Personal Injury & Accident Attorney will talk to you immediately about your case. If we agree to handle your case, we will do so on a contingency fee basis. No fee is owed if there is no recovery. You only pay if we win your case. For a FREE CASE REVIEW, contact a New Orleans auto accident attorney at 504-226-5502 or complete our online form.

Sec. 154-481. – Vehicle obedience to yield signs.

the driver shall yield the right-of-way to any pedestrian legally crossing the roadway on which he is driving

Driver Yielding Right-Of-Way To Pedestrian

The driver or operator of a vehicle approaching a yield sign shall slow down to a speed reasonable for the existing conditions, or shall stop if necessary before entering the crosswalk on the near side of the intersection, or if there is no crosswalk, at a clearly marked stop line, but if none, then at a point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. Having stopped or slowed in this manner, the driver shall yield the right-of-way to any pedestrian legally crossing the roadway on which he is driving, and to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard.

(Code 1956, § 38-98)

State Law referenceStop signs and yield signs, R.S. 32:123.

Sec. 154-482. – Vehicles entitled to right-of-way on certain intersecting streets.

(a)  Upon entering or crossing a boulevard from any street on which no traffic control sign or signal is erected, the driver of a vehicle or operator of a streetcar shall proceed cautiously, yielding to vehicles which are within the intersection or approaching so closely as to constitute an immediate hazard.

(b)  The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway.

(c)  When two vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

(d)  The right-of-way rules declared in subsections (b) and (c) of this section are modified at through streets and otherwise as stated in this chapter.

(Code 1956, § 38-99)

State Law referenceVehicles approaching or entering intersection, R.S. 32:121.

Sec. 154-483. – Vehicle emerging from an alley or private driveway to yield right-of-way.

The driver of a vehicle emerging from any alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or the sidewalk area extending across any alleyway, yielding the right-of-way to any pedestrian, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on such roadway.

Vehicle Exiting Building Stopping Before Driving Onto Sidewalk

The driver of a vehicle emerging from any alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk

or the sidewalk area extending across any alleyway, yielding the right-of-way to any pedestrian, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on such roadway.

(Code 1956, § 38-100)

State Law referenceSimilar provisions, R.S. 32:124.

Sec. 154-484. – Stop when traffic obstructed.

No driver of a vehicle or operator of a streetcar shall enter an intersection or a crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed.

Do Not Obstruct The Passage Of Other Vehicles

No driver of a vehicle or operator of a streetcar shall enter an intersection or a crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed.

(Code 1956, § 38-101)

State Law referenceStopping, standing or parking prohibited in specified areas, R.S. 32:143(3).

Sec. 154-485. – Overtaking and passing school bus.

The driver of a vehicle, upon meeting or overtaking from either direction, any school bus which has stopped on the roadway for the purpose of receiving or discharging any school children shall stop the vehicle before reaching such school bus, when there is in operation on such school bus a visual signal denoting same, and such driver shall not proceed until such school bus resumes motion or is signalled by the school bus driver to proceed, or the visual signals are no longer actuated.

Car Stops For School Bus

(a)  The driver of a vehicle, upon meeting or overtaking from either direction, any school bus which has stopped on the roadway for the purpose of receiving or discharging any school children shall stop the vehicle before reaching such school bus, when there is in operation on such school bus a visual signal denoting same, and such driver shall not proceed until such school bus resumes motion or is signalled by the school bus driver to proceed, or the visual signals are no longer actuated.

(b)  The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway or when upon a controlled access highway and the school bus is stopped in a loading zone which is a part of or adjacent to such highway and where pedestrians are not permitted to cross the roadway.

(c)  It shall be a violation of this section for any school bus driver to stop such bus for the purpose of receiving or discharging passengers without first actuating a visual signal denoting same.

(Code 1956, § 38-102)

State Law referenceSimilar provisions, R.S. 32:80.

Sec. 154-486. – Obedience to signal indicating approach of railroad train.

Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop not less than 15 feet from the nearest rail of such railroad and shall not proceed until he can do so safely.

Stop For Crossing Gate Or Signal

(a)  Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop not less than 15 feet from the nearest rail of such railroad and shall not proceed until he can do so safely. The foregoing requirements shall apply when:

(1)  A clearly visible electrical or mechanical signal device gives warning of the immediate approach of a railroad train;

(2)  A crossing gate is lowered or a human flagman gives or continues to give a signal of the approach or passage of a railroad train;

(3)  A railroad train approaching within approximately 1,500 feet of the highway crossing emits a signal audible from such distance and such railroad train by reason of its speed or nearness to such crossing is an immediate hazard; or

(4)  An approaching railroad train is plainly visible and is in hazardous proximity of such crossing.

(b)  No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad grade crossing while such gate or barrier is closed or is being opened or closed.

(Code 1956, § 38-103)

State Law referenceSimilar provisions, R.S. 32:171.

Also see our page on train accident claims in Louisiana.

Sec. 154-487. – Operation of vehicles and streetcars on approach of authorized emergency vehicle.

The driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer; and

Yield Right-Of-Way To Emergency Vehicle

(a)  Upon the immediate approach of an authorized emergency vehicle giving audible or visible signals, or in the case of a police vehicle, with an audible signal only:

(1)  The driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer; and

(2)  The operator of every streetcar shall immediately stop such streetcar clear of any intersection and keep it in such a position until the authorized emergency vehicle has passed except when otherwise directed by a police officer.

(b)  This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for safety of all persons using the highway.

(Code 1956, § 38-22)

State Law referenceSimilar provisions, R.S. 32:125.

 

Contact a New Orleans attorney who can help

No matter how simple your case may seem to be, it is always smart to consult with a lawyer who knows the Right-Of-Way Rules in New Orleans, Louisiana. There are contributing factors that can cause you to receive less than you actually deserve. You should contact Lavis Law by phone or online as soon as possible so that you can request a consultation. This could help you get legal help in Louisiana so that your case gets resolved in a favorable manner.

Right of Way Lawyer Reviews

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(7/9/20) This is just one of the 75+ Google reviews of Lavis Law in New Orleans. 4.9 star rating, as of 7/21.
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I’m glad I found him online. Very professional! Fast and efficient! Straight to the point! Thanks for everything and Making this experience simple. Car accidents are a headache in itself but with the right attorney it can be a breeze 😍

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