The rules of the road are complicated, and the right of way is one of the more complex terms within the road rules. To avoid causing an accident, you must know what the right of way means, who has the right of way, and what to do in various circumstances where the right of way comes into play.
By the end of this article, you will have a strong understanding of the right of way. You can also recognize when someone has violated your right of way, caused an accident, and caused you to suffer. If this happens, hire a personal injury lawyer as soon as possible—they will fight for all the compensation you deserve.
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What Does the “Right of Way” Mean?
One definition of “right of way” is “a precedence in passing accorded to one vehicle over another by custom, decision, or statute.” In more understandable terms, the right of way allows a pedestrian, scooter rider, biker, motorcyclist, or motorist to proceed in their intended direction.
There are many situations in which the right of way is relevant, including:
When There Is a Yield Sign
A yield sign indicates that the motorist in that lane must stop to let oncoming traffic stop. These signs are generally present when two lanes are merging into one, and motorists in the lane without a yield sign have a right of way.
When There Is a Two-Way Stop Sign
Some things to know about two-way stop signs include:
- Motorists in the lane(s) without stop signs of the right of way
- Those in lanes with stop signs must come to a full stop and ensure there are no oncoming motorists in the stop-sign-less lane before proceeding through the intersection
- If two motorists approach stop signs in opposing directions, the motorist who reaches the stop sign first has the right of way
- Motorists must yield to pedestrians at two-way stops, even if pedestrians (or bicyclists) violate the right-of–way rules
If you are in doubt about who has the right of way, you can always flash your rights or wave your hand to allow the other motorist or pedestrian to go first. This is the best practice for avoiding collisions in intersections.
When There Is a Four-Way Stop Sign
At a four-way stop, every motorist has to come to a full stop. The motorist who arrives at the four-way stop first has the right of way. If motorists arrive at the intersection at the same time, the motorist to your right has the right of way.
Pedestrians and bicyclists must abide by the same rights of way as motorists. However, if a pedestrian or rider crosses in front of a motorist (even in violation of the right of way), the motorist has a duty to let them pass.
When There Is a Traffic Signal
Traffic signals require a strong understanding of the right of way, and you should consider the following:
- When there is a green arrow: Those with a green arrow at an intersection have the right of way to turn.
- When the light is green: When the light is green, those motorists have the right to proceed. If you are turning left, you must wait for motorists with the green light to cross the intersection before turning. If you are turning right, you must ensure no motorist with a green light is entering or crossing the lane you intend to turn into before proceeding.
- When there is a flashing yellow light: A flashing yellow light indicates that motorists approaching the light should be cautious. While those motorists generally have the right of way to proceed, they should reduce their speed and ensure there are no motorists or pedestrians crossing in their path.
- When there is a flashing red light: A flashing red light serves the same purpose as a stop sign. Therefore, a motorist must come to a full stop and honor the right-of-way rules that exist at stop signs.
- When you are turning right on red: If you are at a red light turning right, you must ensure that there are no oncoming vehicles you will pull into or immediately in front of. These oncoming motorists have the right of way. You must also ensure your path to turn is free of pedestrians.
If a motorist or pedestrian is ever in doubt about how to proceed at an intersection, they should take the safest approach. This may mean waiting for a clear green light before proceeding.
When You Are Entering a Roadway from a Driveway or Parking Lot
Those who are entering a roadway from a parking lot, driveway, or other roadway must ensure the coast is clear. Those who are already on the road have the right of way, so those entering the roadway must wait for those vehicles to pass before proceeding.
There are many other circumstances in which the right of way becomes relevant. If you have any questions, you can search online about who has the right of way in a given circumstance. When in doubt, err on the side of caution and conservatism and do everything possible to avoid a collision.
Everything to Know About Yielding to Pedestrians
Understanding and abiding by the right of way is critical to avoiding auto accidents. The right of way is just as important in avoiding injuring and killing pedestrians. As a general rule, motorists must do everything possible to avoid striking:
- Walkers
- Joggers
- Bicyclists
- Scooter riders
- Any other person who qualifies as a pedestrian
Some of the most common areas where motorists encounter pedestrians include:
- At a crosswalk
- In the roadway (which can include pedestrians jaywalking)
- In the bicycle lane
- In parking lots
Pedestrians and others who are not in motor vehicles have a duty to abide by the rights of way, too. However, a motorist cannot knowingly disregard or strike a pedestrian.
What Do I Do If Someone Hits Me Because They Violated the Right of Way?
If you were in an auto collision or pedestrian accident because someone violated your right of way, you should:
Know That You’re Entitled to Fair Compensation
The first step is to understand that you are entitled to fair compensation from anyone whose negligence contributed to your accident. You may obtain the compensation you deserve and need by:
- Filing an insurance claim with the insurance company representing the person who violated your right of way
- Filing an insurance claim with your own insurance company
- Filing a lawsuit against the motorist who violated your right of way or any other at-fault party
Who you seek compensation from will depend on your unique circumstances. For instance, if a rideshare driver hit you, the rideshare company may have liability. If a truck driver hit you, the trucking company may be liable. Your personal injury lawyer will consider all the facts and determine who to seek compensation from.
Get the Medical Care You Need
You should have one concern after your accident: Your health. You must:
- Determine the specific injuries and symptoms you’re facing because of your accident
- Get documentation of your injuries and symptoms
- Establish that the at-fault party’s violation of your right of way caused the injuries and symptoms
- Determine how much care for your injuries will cost
You can only accomplish these steps if you seek medical attention as soon as possible after your collision.
Choose to Hire a Personal Injury Lawyer
Auto accidents that result in disabling injuries frequently cost six to seven figures in financial harm. You must decide that you will fight for all the compensation you deserve—only then can you avoid paying out of pocket for accident-related damages.
Hiring a personal injury attorney will be a pivotal step in fighting for fair compensation. Your lawyer will leverage their experience, time, and resources to seek a fair settlement from insurers and take any necessary legal measures on your behalf.
How a Personal Injury Lawyer Can Help You After an Accident
A lawyer can provide just the help you need after your collision. Accident victims are often psychologically fragile, physically exhausted, and uncertain of what to do next. An attorney will be the antidote to these problems, as they will:
Handle Every Step in Your Claim or Lawsuit
As soon as you sign with a lawyer, you no longer have to worry about your case. Your personal injury attorney will:
- Obtain all information that is relevant to your case
- Obtain and review your insurance policy and the insurance policy for at-fault parties
- Make a personalized strategy for securing fair compensation for you
- Be available at all times to answer your questions
- Provide regular updates
It’s your case, and your lawyer will consult you about important decisions, like whether to accept a settlement. However, you can leave the day-to-day duties of your claim or lawsuit to your lawyer.
Answer Your Questions and Provide Sound Advice
Many accident victims find themselves in unfamiliar, daunting circumstances. With a lawyer at your disposal, you will receive the advice and answers you need. This will ensure you make no mistakes and position your case for success.
Secure Evidence
Personal injury lawyers must often prove that negligence caused their clients’ damages. Your lawyer will do the same using the following:
- Eyewitness accounts that align with your account of the accident
- Expert testimony about who caused the collision (and who violated your right of way to make the accident happen)
- An expert’s reconstruction of the collision that shows the at-fault party violating your right of way
- Any video footage of events relevant to your case (including the accident itself)
- Any other evidence supporting your claim or lawsuit
If your lawyer needs to obtain evidence from liable parties (like video footage or photographs of a damaged vehicle), an attorney can take legal measures to do so.
Document Your Damages
Personal injury lawyers prove how others’ negligence has harmed their client and can do so with:
- Doctors’ words describing injuries, symptoms, and treatment needs
- Mental health experts’ testimony about your pain and suffering and related treatment needs
- Invoices related to vehicle repairs, temporary transportation, and replacement of a totaled vehicle
- Your own account of how the accident has affected you
- Bank statements showing how much income you have lost because of the accident
Each car accident causes different damages. You will also have different physical, psychological, and emotional responses to the collision than other accident victims. Trust your lawyer to gather all documentation that shows how you’ve suffered because someone violated your right of way.
Calculate Fair Settlement Terms
Before they negotiate a settlement or ask a jury to award you damages, your attorney must know exactly how much compensation you deserve. Your legal team will consider both present and future damages.
Negotiate on Your Behalf
Lawyers prove their value when negotiating settlements for clients. Your attorney will present convincing evidence of negligence, proof of your damages, and an explanation of their settlement calculations to liable parties. They will then work hard to negotiate the entire settlement package you deserve.
Lead Any Necessary Lawsuit and Trial
When liable parties are unwilling to pay an accident victim fairly, lawsuits and trials follow. If you need to file a lawsuit or go to trial, trust your lawyer to initiate and resolve these processes as soon as possible.
Damages Your Lawyer Will Include in Your Right-of-Way Accident Case
Your attorney will identify every type of harm you’ve suffered because someone violated the traffic laws and hit you or your vehicle. Some of the damages auto accident victims frequently face include:
- Pain and suffering
- Mental health treatment costs
- Lost income
- Diminished earning power
- Medical expenses
- Vehicle repair costs
- The toll of being disabled (which can be both financial and non-economic in nature)
Your lawyer will quickly gather all relevant information, evidence, and documentation to determine how much compensation you deserve.
Do Not Wait a Moment Longer to Hire Your Personal Injury Attorney
There are typically multiple deadlines involved in auto accident cases. Don’t wait to hire your lawyer so they can beat such deadlines and resolve your case as soon as possible.
Ashley Rae Rawlins
Founder and CEO - Rawlins Law Accident & Injury Attorneys, APC
Personal Injury Attorney
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