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If you’ve ever driven a car, ridden a bicycle, or walked across the street, odds are you’ve heard the phrase “right of way.” But what is the right of way? Who has it? What does it mean for you?
If you’ve recently gotten a ticket for violating the right of way laws or you’re just plain curious, this article will answer many of the questions you may have.
What Is the Right of Way?
The right of way is the legal right of a pedestrian, vehicle, or ship to proceed with precedence over others in a particular situation or place. In other words, it means you get to go when somebody else has to wait.
Who Has The Right of Way?
Who has the right of way at a particular time depends on the circumstances surrounding things. Oftentimes, pedestrians will be given the right of way whenever legally on or crossing the roadway. Of course, like most laws, right of way laws are much more nuanced than that.
Pedestrians
Pedestrians in most states will have the right of way when crossing at legally marked crosswalks and at intersections. In most cases, if a pedestrian is in the road and they are not jaywalking, they will have the right of way.
Bicycles
Bicycles are considered vehicles by state law and federal precedent. As such, they are held to the same rules as other drivers. Unlike pedestrians, bicyclists seldom have the right of way, unless in specifically marked bicycle lanes or when a driver in their situation would normally have the right of way.
What Does It Mean to Have the Right of Way?
To have the right of way means that you have the right to be on the road. Provided that you are following the rules of the road and all relevant laws, having the right of way enables you to enter intersections, make turns, and otherwise use the road as permitted by law. If you’re at an intersection and you have the right of way, it is your turn to enter the intersection.
Situations Where You as the Driver Do Not Have the Right of Way
When talking about the right of way, it’s important to note that all states have different laws and the below list may not be accurate in your specific situation. Always be sure to talk to a lawyer through the WinIt app if you ever receive any tickets when you believe you had the right of way.
Here are a few situations in which you will not have the right of way, generally speaking:
When There Are Pedestrians Crossing the Road
If there are pedestrians crossing the road at a legally marked crosswalk, they have the right of way.
When There Are Cars Turning Right off the Roadway
If you are in the right-most lane traveling forward and the vehicle in front of you slows down to make a legal and safe right-hand turn off of the road, that vehicle in front of you has the right of way.
When Emergency Vehicles Are Present
As a general rule of thumb, all emergency vehicles have the right of way when performing their emergency duties. To know if they are performing their emergency duties, check to see their lights or hear their sirens.
When School Busses Are Loading or Unloading
School buses loading and unloading passengers always have the right of way. They will mark this clearly by extending stop signs from the sides of the bus and lighting up their signal lights. Violating a school bus’s right of way can get you serious fines.
When at a Yield Sign
Yield signs mean you have to yield the right of way to other traffic. This could be at an intersection, on ramp, or anywhere else. If you see one of these signs, you must check all ways for other traffic and let them go first.
When There Are People Using a Seeing Eye Guide Dog to Cross the Road
If a legally blind person is using a seeing eye dog to cross the road, they will have the right of way at all times.
When There Are People Using a White Cane with or Without a Red Tip
Just like with seeing eye dogs, legally blind people using blind-assistive canes will have the right of way at all times.
When at Intersections with No Traffic Lights Where Vehicles Are Already in the Intersection
If you arrive at an intersection where the traffic lights are out due to a power outage or there are only stop signs, you are required to come to a complete stop before entering the intersection and to yield the right of way to whoever got there first.
When at ‘T’ Intersections
If you arrive at an intersection shaped like a capital T and you are in the intersecting lane, you must yield the right of way to through traffic.
When Turning Left
When turning left across traffic, you must yield the right of way to any pedestrians crossing the road and to oncoming traffic.
When Driving on an Unpaved Road That Intersects with a Paved Road
If you are driving on an unpaved road that intersects with a paved road, you must yield the right of way to the drivers on the paved road.
When Returning to the Roadway after You Have Been Parked
If, for any reason, you had to pull over on the shoulder of a roadway and you are now trying to rejoin the road and traffic, you will have to yield the right of way to the vehicles that are already on that road.
When Approaching a Roundabout with Another Vehicle in It
If you arrive at a roundabout and there is already another vehicle using it, you must stop and wait for them to exit before entering the roundabout yourself.
When You Are Going down Hill and Another Vehicle Is Coming up Hill
All vehicles traveling uphill have the right of way under ordinary conditions. That means, if you are driving down hill, you must yield the right of way to anybody driving up hill. This is only true for seriously steep inclines.
