When approaching an intersection and you are in in doubt as to who was there first you should always yield the right of way never insist on it?

The purpose of right-of-way laws is to provide order and prevent accidents in situations where traffic is merging or crossing paths or pedestrians are crossing roadways.

You can get a right-of-way ticket even if you weren't involved in an accident. But oftentimes, police issue right-of-way tickets after concluding that a driver's failure to yield the right-of-way was the cause of a collision.

Here is a rundown on the most common traffic right-of-way laws and ways to fight right-of-way tickets.

Intersection Right-of-Way Laws

All states have right-of-way laws that apply to vehicles crossing through intersections. The specifics of these laws differ depending on whether the type of intersection and control devices (signs and lights) that direct traffic at the intersection.

However, the general rule—provided there's no sign (such as a yield sign) or traffic control device directing otherwise—is that the vehicle arriving at an intersection first has the right-of-way.

Right of Way at Uncontrolled Intersections

For intersections that are "uncontrolled" (meaning, there are no signs or traffic lights), the laws of most states read something like this:

When two vehicles entered an uncontrolled intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

In other words, when two vehicles are approaching an uncontrolled intersection from different roadways at about the same time, the vehicle on the right goes first, and the vehicle on the left stops and waits.

Right of Way at Four-Way Stop Intersections

The right-of-way rules for four-way stop intersections (stop signs or blinking red lights) are similar to those that apply to uncontrolled intersections. All drivers approaching a four-way stop must first make a complete stop and then yield the right-of-way to any vehicles that have already entered the intersection. And, when two vehicles arrive at the four-way stop at approximately the same time, the vehicle on the left must yield to the vehicle on the right.

"T" or Three-Way Uncontrolled Intersections and Right of Way Rules

The right-of-way rules for three-way (T-shaped) uncontrolled intersections are a little different from those that apply to four-way intersections. These right-of-way laws typically say something like:

At an uncontrolled approach to a T-shaped intersection, the driver required to turn shall yield the right of way.

In other words, the driver on the road that dead-ends must always yield to the other driver (the one crossing the T), no matter who got to the intersection first.

Right-of-Way Laws for Making Left Turns

Lots of traffic accidents result from a vehicle being hit by oncoming traffic while attempting to turn left. The left-turn right-of-way laws of most states read something like this:

The driver of a vehicle intending to turn left on a highway, or to turn left into public or private property, or an alley, shall yield the right of way to all vehicles approaching from the opposite direction that are close enough to constitute a hazard at any time during the turning movement and shall continue to yield the right of way to the approaching vehicles until the left turn can be made with reasonable safety.

So, where oncoming traffic doesn't have a stop sign or red signal, it's basically always the driver turning left who must yield to other traffic.

Yielding the Right of Way to Pedestrians

State driving laws also cover the right-of-way rules drivers must follow when approaching pedestrians crossing a roadway. The laws of many states say something like this:

The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection. The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.

State laws also typically require drivers to yield the right-of-way to pedestrians walking down the sidewalks.

In other words, drivers must generally yield the right-of-way to any pedestrian crossing at an intersection (whether there is a crosswalk or not) and before cross a sidewalk (for instance, while entering or leaving a parking lot). Additionally, drivers must use caution, which might include reducing their speed, when approaching pedestrians crossing a roadway.

Defenses to Right-of-Way Tickets

The best defenses to a right-of-way ticket will depend on the wording of law you were cited for violating and the specific circumstances of your case. So, a good place to start is to look up the law. The code section (such as "Vehicle Code section 21952") should be written on your ticket. With a quick internet search, you should be able to come up with the text of the law.

Once you have the wording of the law, try to determine whether you have an argument that your conduct didn't violate the law. For example, suppose you were involved in an accident at a four-way stop, and an officer tickets you for not yielding the right-of-way to a car on your right. You might have a viable defense if you actually arrived at the intersection well in advance of the vehicle to your right. When making this type of argument, it, of course, helps if you have a witness who can back your testimony.

Also, some states have laws that say a driver can forfeit the right-of-way by exceeding the speed limit. So, in some circumstances, you might be able to beat a right-of-ticket by showing that the other driver was speeding.

Tickets for Failing to Yield the Right of Way

In most states, failing to yield the right of way is a traffic infraction. A traffic infraction will generally lead to fines and traffic demerit points. However, the specific fine amounts vary greatly by state and can be different depending on the type of right-of-way violation.

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Last Update: May 30, 2022

This is a question our experts keep getting from time to time. Now, we have got the complete detailed explanation and answer for everyone, who is interested!

As a general rule, you should yield to cars that are already at the intersection. Whoever arrives at the intersection first gets to go first. And similar to stop sign etiquette, you should yield to the car on your right when in doubt.

What does yielding the right of way mean?

Yield means let other road users go first. A yield sign assigns the right-of-way to traffic in certain intersections. If you see a yield sign ahead, be prepared to let other drivers crossing your road take the right-of-way. And don't forget about bicycles and pedestrians!

When should you give the right of way and yield to pedestrians *?

Drivers are required to yield the right-of-way by slowing or stopping, if necessary, when a pedestrian is crossing the street in a marked or unmarked crosswalk.

Where are yield right of way signs usually placed?

YIELD signs are usually placed to control the minor road, and they are often installed at ramp intersections or Y-intersections.

Should right turn yield to left turn?

If the driver in the car turning right has a green light at the same time as you when you attempt to make a left, then you, in the car turning left, must yield the right of away to the right turning driver.

32 related questions found

When turning left, drivers must yield the right-of-way to oncoming traffic. Drivers must also always yield the right-of-way to pedestrians, bicyclists, and other drivers who are already in the intersection.

Drivers, regardless of the type of lane, must yield right-of-way to approaching traffic, pedestrians, and cyclists when attempting to turn left or right.

Never insist on taking the right-of-way. When a driver is legally required to yield the right-of-way but fails to do so, other drivers are required to stop or yield as necessary for safety. Never insist on taking the right-of-way. If another driver does not yield to you when he or she should, forget it.

In road transport, a yield or give way sign indicates that merging drivers must prepare to stop if necessary to let a driver on another approach proceed. ... In contrast, a stop sign requires each driver to stop completely before proceeding, whether or not other traffic is present.

The Highway Code states that If someone has started crossing the road and you want to turn into the road, then the pedestrian has priority, so you should slow down and give way until they've crossed. Rule 195 in the Highway Code states that you must give way when a pedestrian has moved onto a zebra crossing.

If the pedestrian uses a hand signal to ask oncoming drivers to stop. Drivers must always yield to pedestrians in the street, even if they are crossing against a red light or are otherwise being careless.

When two vehicles arrive at a 4-way stop at the same time side-by-side, the vehicle furthest to the right has the right of way. If three vehicles arrive at the same time, the car furthest left should continue to yield until both of the other cars to the right of them have passed.

The first vehicle to stop at the intersection is also the first to enter it. ... The same first-there, first-through applies, and if you get there at the same time as one or two other vehicles, right-of-way goes to the vehicle on the right. This also applies at T-intersections where there are no stop signs.

Two Way Stop Right-Of-Way

Always yield to oncoming traffic crossing in front of you at a two way stop. If you are making a left-hand turn at the stop, you are expected to yield to vehicles that are facing you (even if you got there first).

At an uncontrolled T intersection, the driver on the street which ends must yield the right-of-way to vehicles and pedestrians on the cross street. Some T-intersections have additional YIELD or STOP signs installed to remind drivers that they have to give way to cross traffic.

“Yield” means let other road users go first. It's not just other cars. Don't forget about bicycles and pedestrians. Unlike with stop signs, drivers aren't required to come to a complete stop at a yield sign and may proceed without stopping -- provided that it is safe to do so.

A right of way is an easement that allows another person to travel or pass through your land. There are public and private rights of way but neither affects ownership. The most common form of public right of way is a road or path through your land in order to access a public area.

Drivers yield to the right: If two vehicles come to a stop at a four-way stop at the same time and are next to each other, the right-of-way goes to the person who is on the right.

California Vehicle Code 525 – “Right-of-way” is the privilege of the immediate use of the highway. Current as of: 2020 | Check for updates | Other versions. “Right-of-way” is the privilege of the immediate use of the highway. (Enacted by Stats.

Pedestrians do not always have the right of way. For example, a pedestrian may not walk across a road unless it's at an intersection. Although a pedestrian in the road is expected to yield to traffic, cars must yield to the pedestrian.

A: The answer is no. With signals like this, drivers have to follow the turn-signal lights, and if the left arrow signal isn't green, they can't make a left turn, even if the light for through traffic is green.

When turning right, you should begin to slow down and activate your turn signal at least 100 feet before making the turn. Be careful not to turn too wide for your lane, as this may interfere with other vehicles.

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