Surprisingly large numbers of drivers either do not know or do not remember the laws affecting rights of way when on the road. This is evident at intersections every day, where drivers proceed without the right of way, often resulting in accidents with other vehicles or pedestrians. In other cases, there may not be an accident, but it could result in a traffic ticket. So what are the laws of rights of way, and when must a driver yield?
Rule of Thumb
As a rule of thumb, vehicles in the flow of traffic have the right of way over vehicles that are turning or must stop before being allowed to proceed (such as those at stop signs or lights). Also, pedestrians in crosswalks usually have the right of way. Finally, those who are more able to observe traffic and avoid accidents usually have to yield to those who cannot (for example, at on-ramps where one lane must yield to another).
Turning
First, it is important to note that traffic laws vary by state and, in some cases, even by county or city. Therefore, what is presented here is simply the majority view, and you should consult with a local attorney or law enforcement officer to confirm the circumstances of your particular situation.
As a general rule, any car traveling forward with the flow of traffic has the right of way. In some areas, the only time this becomes an issue is when a pedestrian enters a crosswalk or in the presence of an emergency vehicle with its warning lights flashing. Some areas require vehicles to yield to pedestrians at any time when they are in the crosswalk, while others only require a yield when the pedestrian has a crossing signal.
When turning, rights of way become more complicated. Vehicles turning left must always yield to oncoming traffic unless they have a turn signal. Vehicles turning right may generally proceed after coming to a complete stop and verifying that there are not any cars in the through lane. However, right turning vehicles, in most jurisdictions, can only turn on a red light if they are in the far right lane. At intersections with multiple turn lanes, interior right turn lanes are generally only permitted to turn on a green light.
Similarly, vehicles turning left from a driveway, adjoining street, or parking lot must yield to vehicles turning left from the flow of traffic. If a vehicle is attempting to turn left from the flow of traffic, it is not proper for a vehicle to cut in front of it, nor is it appropriate for the vehicle in the flow of traffic to yield to a vehicle emerging from a side street, parking lot, or driveway. This also applies to vehicles making a U-Turn.
Failure to Yield
A common driving error is failing to yield when required to do so. In many instances, this is in a location where a yield sign is present. However, there are other areas where a yield is required, even though the vehicle would otherwise have the right to proceed. For example, when a pedestrian is in a crosswalk, it is not appropriate to either crowd them or to attempt to cut in front of them. This can result in a ticket and is very dangerous.
Another location where yielding is often problematic is at an on-ramp. Often, when vehicles have a green light to turn left across traffic, vehicles turning right into a merging on-ramp lane usually must yield. This allows the vehicles turning across traffic to move out of the path of travel and prevent slow-downs.
A third example of a common failure to yield mistake occurs around emergency vehicles. When an emergency vehicle approaches, vehicles in the same path of travel or those in oncoming lanes on an undivided road are generally required to slow, pull to the side of the road, and provide space for the vehicle to pass. The only exception occurs when pulling to the side of the road would be dangerous.
Finally, school buses usually have the right to stop other vehicles for the safety of the children they transport. All vehicles following the bus must yield whenever the bus has its stop sign displayed or its warning lights flashing. Similarly, approaching vehicles on an undivided road must also stop. In many areas, public buses enjoy similar privileges and some jurisdictions require other vehicles to yield when buses attempt to pull back into traffic.
Conclusion
Given the complexity of traffic laws, and the variety of subtle differences from one jurisdiction to another, it is important to be aware of the requirements of the particular locality in which you drive. Thus, if you have questions, you should contact local law enforcement or, better yet, seek the advice of a competent, qualified attorney. You can find a directory of attorneys in your area that specialize in traffic laws by visiting HG.org.
