Does a driver who has the right-of-way have a duty to exercise reasonable care to avoid a collision?
"New York", United States of America
The following excerpt is from Sardar v. Park Ambulance Serv. Inc., 53 N.Y.S.3d 515, 56 Misc.3d 756 (N.Y. Sup. Ct. 2017):
While a driver who has the right-of-way has a duty to exercise reasonable care to avoid a collision, a driver who has the right-of-way and has only seconds to react to a vehicle which has failed to yield is not comparatively negligent for failing to avoid the collision (Levi v. Benyaminova, 128 A.D.3d 779, 9 N.Y.S.3d 123 [2nd Dept.2015] ).
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