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01/27/25   |   By

When to Yield the Legal Right-of-Way

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When to Yield the Legal Right of WaySafely traveling when behind the wheel requires more than just knowing how to drive. It demands a thorough understanding of traffic laws. That includes right of way laws. These rules orchestrate the flow of traffic and prevent countless accidents every day.

However, right-of-way laws can be complex. They may also vary depending on the situation. Misunderstanding or ignoring these rules can lead to dangerous situations, accidents, and legal consequences. This guide explains right-of-way laws to help you make safe decisions while driving. If you’ve been injured in a right-of-way accident, contact the car accident team at Regan Zambri Long to discuss your legal options.

Essential Right-of-Way Laws for Drivers

The “right-of-way” refers to the right of a vehicle or pedestrian to proceed in a given situation or place. It’s not an absolute right but rather a set of rules determining who should yield in various traffic scenarios. Essential rules to consider include:

  • Always yield to emergency vehicles: Move to the right and stop when you hear sirens or see flashing lights.
  • Pedestrians have the right of way at marked crosswalks and intersections.
  • At a four-way stop, the vehicle that arrived first has the right of way. Vehicles may proceed in the order they arrived at the intersection.
  • When two vehicles arrive at an intersection simultaneously, the one on the right goes first.
  • Always yield to vehicles already in the intersection or roundabout.

Injured in a right-of-way accident? Contact our car accident lawyers for a free consultation.

Critical Right-of-Way Situations at Intersections

Again, vehicles should proceed in the order they arrive at a four-way stop. If two vehicles arrive simultaneously:

  • The vehicle on the right has the right of way.
  • If facing each other, straight-moving traffic has priority over turning vehicles.
  • If both are turning, right turns have priority over left turns.

Knowing the right of way rules at intersections without traffic signs or signals can be confusing. Here’s what to do:

  • Slow down as you approach.
  • Look for vehicles approaching from the right and left.
  • The vehicle on the right has the right-of-way if you arrive simultaneously.
  • It may be unclear who arrived first. If so, communicate with other drivers using hand signals or headlight flashes.

What about T-intersections? Vehicles on the through road (the top of the T) generally have the right-of-way over vehicles on the terminating road (the stem of the T). However, traffic signs or signals can override this. When approaching a T-intersection:

  • Come to a complete stop and yield to traffic on the through road if you’re on the terminating road.
  • If you’re on the through road, proceed with caution. Be prepared to yield if necessary.
  • Always be alert for pedestrians and cyclists. They may have the right-of-way depending on local laws.

In general, the same laws that apply to all other vehicles apply to emergency vehicles at an intersection. However, you must yield to an emergency vehicle displaying red lights and/or sounding its siren.

Confused about who had the right-of-way in your accident? Let our experienced attorneys review your case.

Traffic Control Devices and Right-of-Way Rules

When to Yield the Legal Right of WayTraffic signals can tell you who has the right of way in a particular driving situation. Here’s how to respond to them:

  • Green Light: Proceed with caution, and always yield to pedestrians and vehicles still clearing the intersection.
  • Yellow Light: Prepare to stop. Proceed with extreme caution if you’re too close to the intersection to stop safely.
  • Red Light: Come to a complete stop before the white line or crosswalk.
  • Green Arrow: You have the right of way to proceed in the direction of the arrow. However, watching for pedestrians is still essential.

Always scan the intersection before proceeding, even if you have a green light. A driver running a red light can appear in an instant.

The yield sign is like a polite reminder. It tells you to slow down and give way if necessary. When you encounter a yield sign:

  • Slow down as you approach.
  • Look for oncoming traffic or pedestrians.
  • Prepare to stop completely if needed.
  • Proceed only when it’s safe. Never interfere with traffic that has the right of way.

Here’s how to observe right of way rules when merging onto a highway:

  • When Merging: Vehicles already on the highway have the right of way. Accelerate to match the speed of traffic and find a safe gap to enter.
  • Lane Changes: Always use turn signals and check blind spots before changing lanes. The vehicle in the lane you’re entering has the right of way.
  • Zipper Merge: Use the zipper merge technique in heavy traffic where a lane is ending. Take turns, with each lane allowing one car from the other lane to merge in front of them.

Sometimes, it’s difficult to tell who has the right of way. Get help understanding complex traffic laws and how they apply to your case. Schedule a free case evaluation today.

Special Right-of-Way Circumstances

Some situations on the road require special consideration when it comes to right of way. They include:

  • When to Yield the Legal Right of WayPedestrian and cyclist right of way: Always yield to pedestrians in crosswalks, whether marked or unmarked. Yield to pedestrians crossing the road you’re turning onto when turning at an intersection. Give cyclists at least three feet of space when passing.
  • School zones and crosswalks: Slow down to the posted school zone speed limit. Stop for school buses with flashing red lights and extended stop arms. Always yield to children crossing the street regardless of whether they’re using the crosswalk.
  • Construction zones: Check for (and obey) signs indicating special rules or speed limits. Yield to construction vehicles entering or exiting the work zone. Obeying flaggers – they have the same authority as regulatory signs.
  • Funeral processions: Most states have laws indicating motorists should yield the right of way to funeral processions. This often involves pulling over until an entire procession has passed. Even if a driver technically has a green light, the general rule is that a funeral procession has the right of way.
  • Rules for emergency vehicles (ambulances, fire trucks, police): Drivers must yield the right of way to emergency vehicles that have turned on their flashing red lights/sirens. All motorists must pull over so an emergency vehicle can arrive at its destination promptly.
  • School bus regulations: A school bus may stop and display a stop sign and/or flashing red lights when dropping off passengers. On a two-way road, drivers traveling in either direction must stop until the school bus no longer displays this signage.
  • Snowplows and maintenance vehicles: Snowplows and maintenance vehicles generally have the right of way when being actively used. When possible, drive at least 200 feet behind a snowplow for safety reasons. Don’t pass a snowplow or similar maintenance vehicle on the right except when emergency situations require doing so.
  • Mail carrier vehicles : Contrary to popular belief, mail carrier vehicles don’t have any special right-of-way rights on most US roads.

Protect your rights after a complicated traffic incident. Contact our legal team for guidance.

Legal Consequences of Right-of-Way Violations

Violating right-of-way laws can result in the following:

  • When to Yield the Legal Right of WayCriminal penalties: A driver may get ticketed if they violate right of way rules. Significant violations could result in other penalties, like loss of a driver’s license.
  • Civil liability: If violating a right of way rule causes an accident, injured parties may file claims or lawsuits against a driver.
  • Insurance implications: Insurance costs might increase for a driver who has violated a right of way law.
  • Point system impact: Many states have laws indicating failure to yield the right of way will result in points being added to a driver’s license. For example, in Virginia, not yielding the right of way could result in four demerit points.

Of course, if someone else violates right of way rules, you could pay the price in the form of injuries. Our attorneys can help you seek justice when this happens.

Steps to Take After a Right-of-Way Violation Accident

Take the following steps after a crash resulting from a right-of-way violation:

  • Check for injuries and get to safety.
  • Check to see if the other drivers involved in the wreck need assistance.
  • Call 911 and wait for police to respond at the scene.
  • Calmly exchange insurance and contact information with the other drivers. Don’t say you caused the accident. Don’t comment on your injuries without seeing a doctor.
  • Take pictures of the accident scene. Document all the damage and injuries that are visible.
  • Ask witnesses for their names and contact information.
  • See a doctor, even if you don’t think your injuries are serious. Proceed with any treatment that they recommend, and save copies of your medical bills.
  • Inform your insurance company.

You don’t have to work with insurance companies yourself. A lawyer can negotiate with the insurance company on your behalf.

Been in a right-of-way accident? Get the compensation you deserve. Contact our team now.

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