Understanding which vehicle has the right of way in different traffic scenarios is one of the most critical aspects of safe driving. Yet, determining the right of way can sometimes feel confusing, especially when drivers encounter complex intersections, yellow lights, or situations involving emergency vehicles or pedestrians crossing. By knowing right-of-way rules and how they work in common situations, you can stay safe and reduce the chances of an accident.
Whether you're a new driver learning the ropes or an experienced driver brushing up on traffic laws, this guide will walk you through everything you need to know about who proceeds and who stops in various traffic situations.
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What Does “Right of Way” Mean?
Simply put, "right of way" refers to the legal right of one vehicle, pedestrian, or other entity to proceed before others in a traffic situation. Traffic laws are carefully designed to organize who goes and who waits, keeping everyone safe and traffic flowing smoothly. However, it’s essential to remember that having the right of way doesn't mean you should proceed if it’s unsafe—safety should always come first. Yielding to oncoming traffic or stopping for pedestrians crossing the road, for example, saves lives.
Right-of-way rules dictate how drivers behave at intersections, with traffic signals, and in special circumstances, such as when emergency vehicles with flashing lights or sirens approach. Knowing when to yield and when to proceed helps prevent accidents and protects everyone on the road.
Right of Way at Intersections
Intersections tend to be some of the most confusing spots for drivers. With vehicles arriving at different times and heading in opposite directions, it’s crucial to know the proper rules.
4-Way or Stop Sign Intersections
When vehicles approach an intersection with stop signs or a 4-way stop, right-of-way rules help determine the order of movement. The general rule is that the first vehicle to come to a complete stop at the intersection gets to proceed first. When two vehicles arrive at the stop "side by side," meaning at the same time, the driver on the right lane has the right of way.
If you’re in the left lane turning left at a stop sign intersection, you must yield to straight traffic and any vehicle approaching from the opposite direction. This applies even if you and the opposing vehicle arrived at the same time.
Yield Signs
Yield signs function differently from stop signs, but the principle remains the same—yield to cross traffic or oncoming traffic before you proceed. If there’s any uncertainty, it’s always better to stop safely, double-check for other vehicles, and wait until the path is clear.
Traffic Light Intersections
At traffic light intersections, the colored signals—red, green, and yellow—dictate the flow of traffic.
- A green light gives you the right of way if you’re going straight or turning right, assuming pedestrians crossing the road have finished and no other traffic is blocking the way.
- A yellow light means caution—prepare to stop if it’s safe to do so. It does not mean "speed up."
- A red light, as every driving instructor insists, always means stop. No vehicle has the right of way while the light is red, except in special circumstances like when making a right turn where it's legally allowed.
- A green arrow means turning traffic has the right of way over all other vehicles in the intersection. If you’re turning left on a green arrow, oncoming vehicles heading straight must stop and yield to you. Remember this simple rule about arrows: A yellow arrow indicates the light is about to turn red, so prepare to stop safely, while a red arrow means do not proceed.
When to Yield While Turning Left
Turning left can be one of the trickiest right of way scenarios to manage. A driver turning left must yield to oncoming vehicles from the opposite direction. This applies even if the light has just turned green—straight traffic has priority over turning vehicles unless a green arrow is displayed.
Special Circumstances and Exceptions
Some situations involving right of way aren’t as common but are just as important to understand.
Emergency Vehicles
Emergency vehicles, such as ambulances, police cars, and fire trucks, with flashing lights and sirens, have the right of way over all other vehicles. If you see or hear an approaching emergency vehicle, you should move to the side of the road and stop safely until it passes.
Railroad Crossings
At railroad crossings, trains have the absolute right of way regardless of traffic signals or signs. Do not attempt to cross the tracks when lights are flashing or the gate is down. Even if no train is visible, it’s vital to wait until the signals indicate it's safe to proceed.
Pedestrians Crossing
Pedestrians always have the right of way at marked crosswalks, even if there are no traffic signals or signs present. Drivers must stop and yield to pedestrians crossing the road. Even in areas without crosswalks, vehicles must exercise caution and yield to pedestrians when necessary. Eye contact can also help drivers and pedestrians understand one another’s intentions.
Bicyclists
Bicyclists are often given the same rights and responsibilities as drivers, which means vehicles and bicyclists must yield to one another depending on who has the right of way in any given situation. When turning left or right, be aware of bicyclists in your blind spot.
Special Right of Way for School Buses
Most states, including New York, require all vehicles to stop when a school bus displays flashing red lights or lowers its stop sign, regardless of whether you're traveling in the same or opposite direction. Failing to yield to a school bus puts children at serious risk and is punishable under traffic laws.
Common Mistakes to Avoid
Even the most experienced drivers can make mistakes when it comes to right of way. Some of the most common errors include:
- Failing to come to a complete stop at stop signs. Rolling through a stop sign makes it harder to determine which vehicle has the right of way.
- Assuming others will yield. Never assume other drivers are aware of traffic laws or paying close attention—always be ready to take defensive action.
- Ignoring pedestrians crossing the road. Pedestrians have legal protection. Failing to yield can lead to severe consequences.
- Failing to yield while turning left. Oncoming traffic always takes precedence unless a green arrow indicates otherwise.
Right of Way and Liability in Accidents
Understanding right-of-way rules also plays a large role in determining who’s held liable in a motor vehicle accident. For example, if a driver attempts a left turn but fails to yield to straight traffic, that driver may be considered at fault. Similarly, drivers who run a red light or ignore a yield sign could be held responsible for any collisions they cause.
If an accident occurs because another driver didn’t follow right-of-way rules, it’s essential to collect as much evidence as possible from the scene to establish liability. Witness statements, photographs, and diagrams of the intersection can all help clarify what happened.
How to Stay Safe
Driving requires focus, patience, and an understanding of traffic signals and signs. Here are some tips to help you follow right-of-way rules and protect yourself:
- Always stay alert at intersections and scan for cross traffic, other drivers, or special circumstances, such as emergency vehicles.
- Make a habit of coming to a complete stop at stop signs. Rushing through intersections only increases your chances of being in an accident.
- Use eye contact when interacting with other drivers, pedestrians, or bicyclists. Clear communication can prevent misunderstandings.
- Take extra caution during poor weather conditions. Rain and snow can reduce visibility, making it harder to spot pedestrians or approaching vehicles.
- Follow the instructions of any traffic signals or signs, even if it seems unnecessary at the moment.
- Never assume other traffic will yield correctly—defensive driving saves lives.
Need Help After a Right-of-Way Accident?
While knowing and following traffic rules helps reduce accidents, collisions can still happen—often because another driver failed to yield. If you’ve been injured in an accident caused by someone else’s disregard for right-of-way rules, the consequences can be life-altering.
At William Mattar Law Offices, we understand how devastating a car crash can be. That’s why we dedicate our practice to protecting the rights of injury victims and pursuing maximum compensation. Our experienced personal injury lawyers have helped countless clients after motor vehicle accidents—from negotiating with insurance companies to fighting for justice in court.
To learn how William Mattar Law Offices can help you after a car accident, contact us at (716) 444-4444 or through our online form for a free, no-obligation consultation. You don’t have to face this alone. Together, we’ll work to get you the justice and compensation you deserve.