RULES REGARDING THE RIGHT-OF-WAY OF MOTOR VEHICLES  

Transportation Law: Private Motor Vehicles: Traffic Regulation

A right-of-way with regard to a motor vehicle means that the vehicle has the privilege of the immediate use of a highway or a roadway. When one driver has the right-of-way, another driver must yield to the driver with the right-of-way.

When one driver has a right-of-way with regard to a highway or a roadway, it does not necessarily mean that another driver is negligent if that other driver fails to yield to the driver with the right-of-way. It also does not mean that the driver with the right-of-way is negligent for taking the right-of-way. Whether the driver with the right-of-way or the other driver is negligent depends upon whether the driver with the right-of-way acted in such a manner that would have indicated to a reasonable person that he or she waived the right-of-way.

A driver with a right-of-way waives the right-of-way when he or she acts in such a manner that would lead a reasonable person to believe that he or she was not claiming the right-of-way. For example, when the driver with the right-of-way does not move when he or she is entitled to move his or her vehicle, the driver may be deemed to be negligent in taking the right-of-way. The other driver is entitled to proceed and is not negligent if his or her vehicle strikes the driver with the right-of-way. Also, a pedestrian is deemed to have waived his or her right-of-way when he or she stops to allow a vehicle to cross his or her path. Whether a driver or a pedestrian waived the right-of-way is a question of fact for a jury.

Even though a driver has a right-of-way with regard to a highway or a roadway, the driver must still exercise due care with regard to his or her vehicle. The driver still has a duty to maintain a proper lookout for other vehicles and for pedestrians. If it would not be safe for the driver to assume the right-of-way, a jury is entitled to determine whether the driver was negligent in taking the right-of-way.

In most states, there are certain circumstances under which a driver is required to yield the right-of-way. Such circumstances include when an intersection has no signs, when the intersection is controlled by a stop sign or a yield sign, when the driver is entering or crossing a highway, when an emergency vehicle is approaching the driver, and when the driver is making a left turn.

When an intersection has no stop signs or yield signs, the intersection is referred to as an uncontrolled intersection. A driver who is approaching an uncontrolled intersection must yield the right-of-way to another vehicle that has already entered the intersection from a different direction. In other words, a driver who is entering an uncontrolled intersection only has the right-of-way over vehicles that have not yet entered the intersection. However, when two vehicles enter the uncontrolled intersection at the same time, the driver of the vehicle on the left must yield the right-of-way to the driver of the vehicle that is to his or her immediate right. The only exception to these rules is when one driver is traveling on a terminating highway and the other driver is traveling on a continuing highway. The driver on the terminating highway must yield the right-of-way to the driver on the continuing highway. These rules also apply when a traffic signal at an intersection is not operating.

When an intersection is controlled by stop signs in all directions and when two drivers reach the intersection at the same time, the driver of the vehicle on the left must yield the right-of-way to the driver of the vehicle on his or her immediate right. If the intersection is only controlled by a stop sign in one direction, the driver with the stop sign must yield the right-of-way to the driver without the stop sign.

When an intersection is controlled by a yield sign, the driver with the yield sign must yield the right-of-way to all other vehicles. The driver can only proceed across the intersection when it is safe to do so.

When a driver is entering or crossing a highway from public or private property or from an alley, the driver must yield the right-of-way to all vehicles that are on the highway. The driver cannot proceed across the highway until it is safe to do so. The driver must also yield to all pedestrians.

When a driver is being approached by an emergency vehicle, which vehicle is sounding its siren or has its emergency lights illuminated, the driver must pull over to the right hand side of the highway and must yield to the emergency vehicle. The driver must stop and remain stopped until the emergency vehicle has passed.

A driver who is making a left turn or a U-turn on a highway must yield the right-of-way to all vehicles that are approaching from the opposite direction. The driver cannot proceed with his or her left turn or U-turn until it is safe to do so.