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The Ultimate Guide to Right of Way Laws While Driving

Back in the 1960s, I was driving before I could legally drive. My father, who taught me how to drive, instilled in me this “golden rule” of driving: always use common sense and follow the rules of the road when behind the wheel. That has stuck with me my entire life.

But today, it can sometimes seem the only rule of the road is that there are no rules. Frequently it feels like right of way has become more of a suggestion than a rule that should be obeyed and respected.

Ahead, a certified driver’s education instructor will explain right of way, and what you should do—even if the other driver fails to follow the rules—to avoid a collision even when you have the right of way.

What Is Right of Way?

According to Steven Norman, a PA Department of Transportation (PennDot) certified driving instructor, “Right of way determines who has the priority to move first in any given traffic situation.” He added, “I usually frame it by asking, ‘Who gets to go first?'” He illustrates this by telling his students, “Even if you technically have the right of way, be ready to yield if it prevents a crash. Right of way is not a given or an entitlement.”

Do Pedestrians Always Have the Right of Way?

No. Although we heard the expression pedestrians always have the right of way, that is not always true. Norman explains, “Vehicles are required to give the right of way to pedestrians crossing a street when the light is green, as well as marked and unmarked crosswalks.” However, just like drivers, pedestrians are required to follow all traffic signals and, most importantly, proceed only when it is clear and safe to do so.

“Crossing in the middle of a block (jaywalking) or when a traffic light is red in the direction the pedestrian would like to travel or stepping out between parked cars in front of a moving vehicle that can’t realistically come to a stop, is not only dangerous, but illegal,” said Norman.

Who Has the Right of Way at an Intersection?

At uncontrolled intersections (no stop signs or traffic signals), the vehicle arriving first at the intersection has the right of way. Norman adds, “Vehicles traveling straight typically have the right of way. If two cars arrive at the intersection simultaneously, the driver on the left should yield to the one on the right.”

At a controlled intersection (with two-way stop signs or traffic lights), the drivers facing the stop sign must yield the right of way to cross-traffic that doesn’t stop. At a green traffic light, “drivers can proceed with caution but must yield right of way to vehicles or pedestrians already in the intersections,” says Norman.

Although right turns when a traffic light is red are legal in many states, “a red traffic light means stop completely. Only after coming to a complete stop and yielding right of way to cross-traffic and pedestrians, are drivers permitted to turn on red,” says Norman. Yellow lights are more confusing, but they mean be prepared to stop.

Who Has the Right of Way at a 4-Way Stop?

Norman explains, “Many of my [driver’s education] students assume that the vehicle going straight, or the one turning, has priority, but the basic rule is this: the driver who arrives at the stop sign first has the right of way. That’s why I emphasize the importance of paying attention to the order of arrival.”

If multiple vehicles arrive at the same time, the vehicle furthest to the right has the right of way. Then, drivers should proceed in a clockwise order. Norman adds,” I also remind my students that if they’re unsure whose turn it is, or if they’re not ready to go when it is their turn, they can flash their high beams, use hand gestures, [or] even use eye contact to signal that they’re yielding the right of way to others.”

Who Has the Right of Way at a Traffic Circle/Roundabout?

“Many drivers struggle to navigate them, but they’re actually quite simple if you follow one key rule: vehicles already in the roundabout have the right of way,” says Norman. Traffic through the traffic circle and the roundabout flows counter-clockwise. Drivers approaching a roundabout should slow down before entering. When entering a roundabout that is free of traffic, slow down and proceed with caution without coming to a full stop. Always stop and yield right of way to traffic and pedestrians already within the traffic circle, and “don’t change lanes once you’re inside a multi-lane roundabout. Select your lane before entering the traffic circle based on where you plan to exit,” explains Norman.

He stresses, “When practicing roundabouts with my student drivers, I always emphasize the importance of using turn signals when exiting.” This is not only good driving etiquette, but it also helps drivers waiting to enter from side streets anticipate your move.

When In Doubt, Who Has the Right of Way?

“If you’re unsure, always yield right of way,” says Norman. It’s the prudent thing to do. Yielding right of way shows courtesy, discretion and cautiousness. Right of way is a legal statute to help keep traffic moving smoothly, but more importantly, following right-of-way regulations helps prevent collisions.

Left turn into oncoming traffic

When attempting to turn left across oncoming traffic, you must yield right of way until those traffic lanes are completely clear before making the turn.

T-intersection

“Any vehicle coming from the side (terminating) street must yield right of way to all traffic on the through road and wait until it is safe to turn left or right. Patience and clear judgment are key in these situations,” stated Norman.

Emergency vehicles

Ambulances, fire trucks, and police cars are granted special right-of-way privileges. Often called “Move Over” laws, they were enacted to protect you and emergency responders. Follow these right-of-way rules:

  • When you see flashing lights and or hear sirens, safely pull over to the right, come to a complete stop, turn on the four-way flashers, and stay stopped until the emergency vehicles have passed.
  • Do not enter an intersection if an emergency vehicle is approaching.
  • Stay 500 feet behind emergency vehicles if their lights and sirens are on.

Funeral processions

Like emergency vehicles, and out of respect and to maintain safe travel, funeral processions also have special right-of-way privileges. Follow these funeral procession right-of-way rules:

  • Even if you have a green light, yield right of way to the entire procession until all vehicles in the procession have passed.
  • Unless directed by law enforcement, never cut into or through a funeral procession.
  • When the lead vehicle in the procession legally entered an intersection with a green light, stay stopped at the intersection, even if the light turns red afterward.
  • Drivers in the procession must operate their vehicles safely and responsibly by staying in line and close to the car in front of them and yield right of way if ordered by law enforcement, at railroad crossings with an approaching train or if traffic may compromise pedestrian safety or cause a traffic backup.

The Experts

Steven Norman, M.Ed., is a certified Pennsylvania Department of Education (PDE) and PennDOT certified behind the wheel driving instructor and driver’s license examiner currently teaching elementary physical education at Manavon Elementary School in the Phoenixville Area School District. In addition to his 15 years teaching driver’s education, Steven holds his PDE K-12 Principal Certificate, Curriculum and Instructional Supervision Certificate Certificates.

Resources

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