In what situations must a driver yield the right of way?

Failing to yield to the right of way leads to crashes in all states. If you or another driver fails to yield the right of way, there is a risk of you all colliding with each other, cyclists, or pedestrian. However, there are established rules for who is to yield to whom in specific situations, and it is crucial to be familiar with what to do for each case.

Table of Contents Show

Who has the right of way?
Traffic lights and right of way
Should I insist on the right of way?
How can someone violate a right of way?
Four-way stops and uncontrolled intersections
Three-way Intersections
Stop signs and yield signs
Pedestrians
What should I do if someone else fails to yield the right of way?
Tips for determining the right of way
The Carlson Law Firm cares
Georgia Right of Way Laws
Penalties for Failing to Yield the Right of Way
Using Common Sense
Right of Way Takeaways
Contact the Car Accident Lawyers In the Central Savannah River Area at Hawk Law Group for Legal Assistance Today

In addition, knowing the laws for right-of-ways will prevent any violation tickets. Check out our guideline to have a better idea of when to yield to the right of way.

Who has the right of way?

Yielding the right of way means allowing another vehicle to enter an intersection before doing so yourself. However, yielding the right of way doesn’t exclude pedestrians and cyclists on the road. When a driver yields the right of way, they are granting immediate use of the intersection to the other vehicle first. The “yield to the right of way” in Texas refers to situations such as:

A pedestrian at a crosswalk;
When another vehicle is already in an uncontrolled intersection;
When you are at a yield sign. There is no need to do a complete stop, but you should slow down enough to look for oncoming traffic before proceeding into an intersection or lane; and
When making a left-hand turn. Always yield to pedestrians and on-coming traffic before making a left-hand turn.

Traffic lights and right of way

When it comes to the right of way when turning right, it is pretty straightforward.

Steady red light: after stopping and yielding to traffic and pedestrians, you may proceed to take a right.
Red flashing light: Once completing a full stop, yield to oncoming traffic and pedestrians before proceeding.
Steady green light: proceed once completing a yield to any vehicles or pedestrians in the intersection or crosswalk. Don’t enter the intersection unless there is enough space to cross entirely before the light turns red.
Flashing red light: once completing a stop, yield to traffic and pedestrians before proceedings. You may proceed once the interaction is safe.
Yellow arrow flashing: Drivers may turn left after yielding to oncoming traffic.
Green arrow: The green arrow permits you to go, but you must first yield to any vehicle, bicycle, pedestrian still in the intersection. The arrow will protect you from oncoming traffic, pedestrians, cyclist, and other cars will be stopped with a red light.

Should I insist on the right of way?

If you have the right of way in a situation, it means that you don’t have to stop or slow down to allow other vehicles to enter the roadway. However, it is important to remember that if a vehicle pulls up in front of you and you don’t make an effort to slow down or otherwise avoid an accident, you can still be held legally responsible for the consequences.

So in other words the other driver with the right of way still needs to do everything they can to avoid hitting the pedestrian, even if the person shouldn’t be crossing there. In conclusion, the right of way is really a set of rules designed to help traffic flow smoothly unjust about any situation.

How can someone violate a right of way?

A mentioned earlier, missing the right-of-way poses you and others on the road in danger. However, there may be instances in which a driver may do the correct stop, but may still do the right-of-way incorrectly. Some of the following situations should be kept in mind when you may be approaching a right-of-way incorrectly.

Four-way stops and uncontrolled intersections

At a four-way stop, the first vehicle to get to the intersection will have the right-of-way. If two vehicles get to the intersection at the same time, then the vehicle on the right will have the right of way. In order to prove a violation in this type of scenario, prosecutors will need to prove that a vehicle entered the intersection or wasn’t on your right side before entering the intersection, violating the right of way.

Three-way Intersections

Regardless of which driver arrives at this type of intersection first, the right of way is given to the driver on the perpendicular road, meaning that the driver on the dead-end road must yield, even if there is no traffic signal or yield sign. This will always be the case, no matter what vehicle got to the intersection first.

Stop signs and yield signs

Although a driver may do a proper stop, they may still be ticketed if they enter the intersection with oncoming traffic had the right of way, posing a danger. Someone would need to prove that the vehicle on incoming traffic either accelerated or didn’t pose an actual threat before the other driver made it onto the road. If visibility was limited at the intersection, the driver might defend their maneuver on the basis that the vehicle approaching seemed to be stopping or making a turn or driving at an unsafe speed in the situation.

Left turn

Also known as an improper turning ticket, a violated left turn is when a driver makes a left turn when oncoming traffic is so close that made the turn dangerous. Although the driver may argue that the turn didn’t cause an accident, it must also be seen that the oncoming driver didn’t need to swerve or slam on the brakes.

Pedestrians

Drivers must yield to pedestrians, including when the crosswalk doesn’t have a stop sign or traffic light. An officer may issue a ticket even if the driver doesn’t strike a pedestrian, as long as they were close to striking them. These types of tickets are typically hard to fight off, as a violation involving a pedestrian tends to be taken seriously by law enforcement.

What should I do if someone else fails to yield the right of way?

If someone somehow fails to yield to the right of way, an accident is more likely to occur. If a person is hurt by another’s negligence to yield the right of way, they can sue for compensatory damages, including:

Medical bills
Lost income
Out-of-pocket expenses

Although it may be frustrating, it is in your best interest to gather the contact information of any witnesses and provide that information to your insurer and one of our car accident lawyers. If it was unclear who was at fault for the accident, one of our attorneys could help investigate and review all available evidence, such as witness testimonies, skid marks, etc to better reconstruct how the accident happened.

Tips for determining the right of way

If you are still confused on how to determine best who has the right-of-way when driving, consider the following guidelines to better understand the rules of the road.

Make sure to yield to vehicles that are already at the intersection. If you and another vehicle arrive at the intersection at the same time, yield to the car on the right.
Always obey the given visual signal, such as stop signs of traffic lights.
All pedestrians must be given the right-of-way in a crosswalk
When approaching a highway exit ramp, drivers on the access road must yield to the vehicles on the exit ramp. Regardless of which lane the exiting vehicle will merge on, one must still yield to the cars on the exit ramp.
At a T-intersection, the driver on the dead-end road must yield to traffic on the other, normal-sided street.
When entering an intersection with multiple-lane roads, such as one-lane, two-lane, r a lane that intersects with a larger road, all drivers on the smaller road must yield to the other vehicles.

The Carlson Law Firm cares

The best way to always be in the best care means that you should be driving in a defensive way at all times. Unfortunately, accidents are accidents and may happen, no matter how safe you are. If you or someone you love is involved in an accident, call one of our caring car accident lawyers. For 45 years, we have served our communities during their times of need. Our legal team will take care of you and fight for the compensation that you deserve. Call us today to schedule a free consultation. We care and we can help.

Hawk Law Group | December 20, 2021 | Car Accidents

The “right of way” concept is one that every driver should understand. Traffic laws don’t necessarily grant a right of way; they outline when yielding the right of way is required. Yielding the right of way essentially refers to allowing another vehicle, pedestrian, or bicyclist to enter an intersection before you.

The idea behind yielding the right of way is to help mitigate accidents, particularly at intersections where no traffic light is present. Incidentally, failures to yield the right of way are one of the most common causes of car accidents.

The concept of yielding the right of way does not only apply to intersections. Motor vehicle drivers must yield the right of way in many other traffic situations, from rural dead-end roads to merging onto multi-lane highways.

In this post, we’ll take a close look at yielding the right of way as it applies to Georgia law.

Georgia Right of Way Laws

When at a controlled intersection, a driver must always obey the visual signs. Likewise, whenever a vehicle approaches a yield sign, the driver must slow down and be prepared to stop for oncoming traffic. Georgia law establishes the concept of yielding the right of way in all traffic situations.

The following is a summary of Georgia’s right of way laws:

When approaching intersections with a stop sign, a driver must stop and yield the right of way to a driver or pedestrian already there.
If no stop sign or traffic signal is present, a driver must yield the right of way to the vehicle arriving first to the intersection. If two or more cars come at the intersection simultaneously, the car on the right has the right of way.
At a four-way stop, pedestrians always have the right of way.
When merging, a driver must yield to vehicles already in the lane.
When crossing the highway or entering a roadway from secondary roads, a driver is required to yield the right of way to other vehicles and pedestrians already in the main roadway.
A driver must always yield to police, fire, EMS, or other emergency vehicles when their sirens or emergency lights are activated. In such cases, the driver should slow down, move to the side of the roadway, and yield the right of way.
A driver must always yield to any highway maintenance vehicles and anyone working in a construction zone.
It is unlawful for drivers to pass a stopped school bus with flashing red lights and stop signs activated. When driving in the opposite direction on a highway with a median, the driver is not required to stop.

This is not an exhaustive list of the rules regarding rights of way. You can learn the rest by examining Georgia’s rules of the road.

Penalties for Failing to Yield the Right of Way

A failure to yield the right of way can lead to significant penalties for Georgia drivers, including a three-point penalty on the driver’s license. Failure to yield the right of way may result in varying fines, depending on the county but typically range from $140 to $225.

A failure to yield to an emergency or maintenance vehicle can lead to a $550 fine.

Using Common Sense

Although Georgia law specifically outlines when a driver is required to yield the right of way, the use of common sense will go a long way toward protecting you and your family from a car accident. Even if you are in a situation where another driver fails to yield, it is best to yield to avoid a collision, even if the law requires the other driver to yield instead.

Avoiding traffic accidents should be a driver’s number one priority. Traffic accidents can range in their level of severity, from minor fender benders to more serious accidents involving injury or death. A driver must understand when they have the right of way and when they should yield the right of way to the other drivers on the road.

Right of Way Takeaways

It is important to remember that a driver should never assume that another driver or pedestrian will follow traffic laws. Just because you make eye contact with the other individual, it does not mean that they will yield the right way.

Be safe and assume the worst. Sometimes it pays to be a friendly driver and let the other car go first — even if you have the right of way.