Two vehicles, one traveling east and the other traveling south, arrive at approximately the same time at an intersection that is not marked by traffic signs or lights. Which vehicle may enter the intersection first?
The driver of the vehicle on the left must yield the right of way to the vehicle on the right. G.S. 20-155(a). Thus, at the intersection depicted in the image below, the purple vehicle must yield the right of way to the blue vehicle.
Two vehicles approach or enter an intersection at approximately the same time, within the meaning of G.S. 20-155(a), when considering theirdistances from the intersection, their speeds and other circ*mstances, the driver of the vehicle on the left should reasonably apprehend danger of collision unless he waits until the vehicle on the right has passed. Dawson v. Jennette, 278 N.C. 438, 445 (1971). The right of way is not determined by a fraction of a second. Id.
What if the intersection is marked by a four-way stop, as depicted this next image?
If both vehicles arrive at the intersection at the same time, the rule noted earlier still applies. The purple vehicle on the left must yield the right of way to the blue vehicle on the right.
What if, at an intersection without traffic lights, two vehicles approach at approximately the same time from opposite directions? The rule in G.S. 20-155(a) does not apply to vehiclesproceeding in opposite directions that meetat an intersection.Fleming v. Drye, 253 N.C. 545, 549 (1960). Either vehicle may proceed straight ahead or turn right. But what if, as in the image depicted below, the driver of the purple vehicle has signaled her intention to turn left? Who has the right of way?
In this circ*mstance, the driver of the purple vehicle must yield the right of way to the driver of the red car so long as that car is proceeding straight through the intersection or making a right turn. G.S. 20-155(b).
Now assume that the intersection requires a four-way stop. The purple car intending to turn left arrives at the intersection before the red car. Whether the purple car is required to yield the right of way depends upon whether it has already entered the intersection before the red car arrives at the stop sign. If it has, then the purple car has the right of way. That’s because the approaching vehicle must be within the intersection or so close as to constitute an immediate hazard for the rule in G.S. 20-155(b) requiring the driver of a vehicle intending to turn left to yield to apply.
Next consider what happens when a vehicle approaches a traffic circle. A vehicle to the driver’s left is already in the traffic circle. Which vehicle must yield? The vehicle approaching the traffic circle must yield to the vehicle within the traffic circle. G.S. 20-155(d).As the DMV describes in its North Carolina Driver’s Handbook, “an entire traffic circle is an intersection.”
Thus, at the traffic circle depicted in the image below, the blue vehicle must yield the right of way to the red vehicle that is already in the traffic circle.
A driver’s failure to yield the right of way is an infraction punishable by a fine of not more than $100. G.S. 20-176(a), (b).
FAQs
Right‑of‑way. (a) When two vehicles approach or enter an 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.
Who does the law give the right way to? ›
The law gives the right of way to no one, but it does state who must yield (give up) the right of way. Every driver, motorcyclist, moped rider, bicyclist, and pedestrian must do everything possible to avoid a crash.
Who always has the right way? ›
The vehicle that arrives to the intersection first has the right-of-way. Other vehicles, bicyclists, and pedestrians must wait for the person who has the right-of-way. Never assume that other drivers will give you the right-of-way. Give up your right-of-way when it will help prevent collisions.
What is the 4 way stop law in NC? ›
All-way stops are commonly referred to as four-way or three-way stops. Q: Who goes first at an all-way stop? A: The first vehicle to reach the intersection should move forward first. If two vehicles reach the intersection at the same time, the driver on the right would proceed first.
Is the right of way the law and all drivers? ›
It is true that the "right of way" is the law and all drivers are guaranteed this right. When two cars pass or meet in traffic, they must respect the right of way, and the one that does not have the right to stop, while the one that has the right to continue moving.
In what situations must a driver yield the right of way? ›
Enter an intersection or drive within a marked crosswalk unless there is enough space to allow passage of other vehicles and/or pedestrians. Before getting within 200 feet of an oncoming vehicle. In an area marked for no passing by a solid yellow line or a DO NOT PASS or NO PASSING ZONE sign.
Who decides who gets rights? ›
While the bulk of cases are decided in lower courts – and these matter because they are the final decision if the losing party does not appeal – the United States Supreme Court sits at the top of our court system.
How do you always know who has the right of way? ›
The first car to arrive has the right of way, which means you must yield to a driver who arrived before you. When three vehicles arrive simultaneously, the vehicle to the right still has the right of way, and the car furthest left must go last.
Which side always has the right of way? ›
Uncontrolled Intersections
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.
Do people always have the right of way? ›
While it is true that pedestrians generally have the right of way, they do not always have it. For anyone who has ever stood at a crosswalk, you know you have to wait until it is your turn to cross the street, whether right of way is governed by flashing traffic signs or the age-old rules of a traditional 4-way stop.
§ 20-155. Right-of-way. (a) When two vehicles approach or enter an 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.
Are rolling stops legal in NC? ›
A rolling stop is never legal for a motor vehicle.
Who is responsible for right-of-way maintenance in NC? ›
Who maintains right-of-way? Public right-of-way is maintained by a city or the State. Private right-of-way may be maintained by a developer, a homeowner's association, or in the absence of these, by the users of the road.
Does the law clearly states which driver has the right of way? ›
When approaching an intersection, the California Driver's Handbook states the vehicle that arrives first has the right-of-way. “Other vehicles, bicyclists, and pedestrians must wait for the person who has the right-of-way,” the handbook states.
What is an unprotected turn? ›
An unprotected left turn is a turn at an intersection without the protection of a red light or stop sign. Unprotected turns cross one or more lanes of oncoming traffic without having the right of way, while protected left turns are made at a red light or stop light.
Is the right of way different in every state? ›
The language and definitions differ from state to state. In general, vehicles must yield the right-of-way to pedestrians at plainly marked crosswalks and at intersections where stop signs or flashing red signals are in place.
Who gives the government the right to rule? ›
People give implicit consent, also called tacit consent, by accepting the laws and services of the government and nation of their birth. Locke believed that since the people give the power to the government, they have the right to take it away if the government is not serving the purposes for which it was established.
Who has the right to make laws? ›
All legislative power in the government is vested in Congress, meaning that it is the only part of the government that can make new laws or change existing laws. Executive Branch agencies issue regulations with the full force of law, but these are only under the authority of laws enacted by Congress.
What is the right side of the law? ›
obeying/not obeying the law: After coming out of prison, he tried to stay on the right side of the law.
