Right-of-way driving in California can significantly influence your car accident case if you ever find yourself in this situation. In fact, one of the first things you should find out when you pursue a car accident claim is who had the right-of-way.
Although you can still recover damages in California even if you did not have the right-of-way, the circumstances of your case will need to show a reasonable amount of fault by the other driver.
Regardless of whether you are involved in a car accident in California where you had the right-of-way or not, you should always consult a car accident attorney to learn more about your legal options.
At Brown & Gessell, our dedicated team of car accident attorneys has faithfully served victims of car accidents for almost two decades. Through our years of practice and collaboration with third-party experts, such as accident reconstruction professionals, we have learned that there is always something more than meets the eye when it comes to vehicle collisions.
Contact our law firm today for a free consultation on your case and let us help you explore your legal options and understand exactly what happened. Here is everything you need to know about right-of-way driving laws in California, and how a car accident lawyer can help you!
Right-of-Way Driving in California
One of the most important traffic laws in the world is the right-of-way. The right-of-way laws are meant to promote safe driving on the roads for all drivers and pedestrians. The right-of-way generally works under the principle of one driver having priority over another in traffic.
For example, even if you have the right-of-way but the other driver does not respect it and moves before you do, you must still give them the right-of-way to avoid an accident. If you are lucky and authorities are around, they might give the other driver a ticket. However, there are a set of right-of-way laws that all drivers should follow to promote responsible driving and safety. Right-of-way laws are defined in the California Vehicle Code Sections 21800-21807, Chapter 4.
Right-of-Way Laws in California
Under California Vehicle Code 21800-21807, when entering traffic, a driver must yield to oncoming vehicles and remain alert before reentering travel lanes. California drivers who are on the freeway or a divided highway and want to make a left or right turn must yield to other vehicles.
Making left turns always implies yielding to every other vehicle near you. When approaching intersections, drivers must yield the right-of-way to all vehicles that have already entered the intersection. In three-way intersections, only the drivers on the larger road will have the right-of-way.
Stops signs and traffic lights also play a key role in the right-of-way. If you are in an intersection where there is not a traffic light or stop sign, drivers must give the right-of-way to those who are already in the intersection, including pedestrians and bicyclists.
If an intersection is controlled by yield signs, stop signs, or other traffic signs, you must respect them accordingly. When a driver is leaving a parking lot or driveway, they must follow traffic safety and yield to pedestrians and other drivers.
Right-of-way rules dictate that when someone wants to make a left turn, they must yield the right-of-way to oncoming traffic and those who are going straight. Use traffic signals to alert nearby vehicles when you want to change lanes. When it comes to roundabouts, the vehicles that are already inside have the right-of-way over those that enter.
Stop Signs, Four-way Stops, and U-turns
At stop signs and four-way stops, generally, the first vehicle approaching the intersection has the right-of-way. Cars should move in the order they arrive. If a vehicle stops behind another, it must also stop at the stop sign and not roll through.
An intersection controlled by traffic lights will sometimes malfunction. If the intersection traffic lights stop working, drivers should treat it as a four-way stop. If a police officer is present, follow their instructions and ignore the traffic lights.
If a driver wants to make a U-turn across lanes and traffic, they must pay attention to oncoming traffic and yield the right-of-way to all vehicles and pedestrians. At an intersection, making a U-turn is regulated through traffic signs or lights. For example, you cannot make a U-turn if a traffic sign prohibits you from doing so.
However, when there is a left-turn arrow, drivers can make a U-turn once they see the green arrow. Basically, when you are making a U-turn, you must follow the same rules as when you want to make a left turn. But remain alert and follow traffic signals when doing those actions. Vehicles approaching the turning vehicle from the opposite direction must yield the right-of-way to them.
If there is a traffic signal, such as the U-turn arrow in a red circle, then you are prohibited from making a U-turn.
Pedestrian Right-of-Way Laws
Drivers must always yield to pedestrians when approaching a traffic signal or sign. Regardless of whether crosswalks are marked or unmarked, drivers must yield the right-of-way to pedestrians crossing the street. A driver must allow five feet between their vehicle and the crosswalks to let pedestrians cross safely. All drivers must yield to blind persons and should not try to pass a vehicle that has stopped at the crosswalk.
Bicyclists Right-of-Way Laws
When drivers share the road with bicyclists, they must yield the right-of-way in various situations. For example, if a bicyclist is in a designated bike lane or crossing an intersection, motor vehicles must yield the right-of-way to them.
When to Yield the Right-of-Way
There are other scenarios apart from the ones mentioned above when drivers must yield the right-of-way to others. Here are some other scenarios that California drivers must keep in mind:
Right Priority
If traffic control signals are inoperative when two vehicles enter an intersection from different directions, then the vehicle to the right of the other must yield the right-of-way unless other circumstances apply such as oncoming traffic, stop signs, or traffic control signals. Unless a yield sign is present, the right-most vehicle has the right-of-way.
Emergency Vehicles
Emergency vehicles such as fire trucks, police cars, and ambulances have special priority on the road if their sirens are activated. All drivers must give the right-of-way to emergency vehicles.
Merging onto a Highway
Drivers who are in the lane have the right-of-way over vehicles merging into the lane. If you are a driver merging onto a highway you must yield to others already on the highway.
Stopped School Buses & Flashing Lights
School buses that are stopped and have a flashing red light indicate that students are about to enter or leave the vehicle and drivers should proceed with extreme caution. Regardless of the direction a driver comes from, as long as the flashing red light is operating, all vehicles must come to a complete stop to ensure safety.
Flashing yellow lights on traffic lights alert drivers to slow down and proceed with caution.
Difficult Right-of-Way Scenarios
Although right-of-way laws are meant to ensure traffic flows smoothly on the roads, in some cases, it is difficult to determine the right-of-way. Some examples include:
- Multi-lane intersections or intersections without traffic signs or signals
- Merging lanes and roundabouts
- Situations involving vehicles and pedestrians or cyclists
In all situations, drivers must always be attentive and abide by the right-of-way rules. Pay attention to stop signs, yield signs, or flashing lights if present. Remember that if you follow the rules, it does not necessarily mean that other drivers will. Because of this, do not rely on the right-of-way rules completely because even if you have the right-of-way, another driver might ignore them and put you at risk of an accident.
Intersections and Traffic Signals
Traffic signals control the right-of-way at intersections. Red lights, including flashing red lights, are to be treated as stop signs. You must perform a complete stop before continuing.
Although you can make a right turn on red in California, you must check for oncoming vehicles and yield to them. You should still come to a complete stop before maneuvering your vehicle. In some situations, there might be signs that prohibit you from turning on red. If they are present, respect them.
Whether the light is red, yellow, green, or a green arrow is present, always yield to pedestrians. Make the turn without impeding the flow of traffic and only when it is safe. If a red arrow is present, you must stop and wait until a green arrow appears.
When it comes to yellow lights, it means that you must be extra cautious, especially since it can turn red at any moment. If you cannot stop safely and in time, proceed through the intersection carefully. If a flashing yellow light is present, you can proceed but must slow down and remain alert. Yellow arrows warn you that you are running out of time to make a turn.
Stop before proceeding into the intersection if it is safe and you are able to do so. If you are at the intersection, complete your turn. You can make a left turn if the yellow arrow is flashing but you must yield to oncoming traffic.
Green lights usually mean that you have the right-of-way. But, you must still yield the right-of-way to others already at the intersection when applicable. Proceed throught he intersection without putting others in danger.
If traffic is clear and there is a green light, you can make a left turn at an intersection. Similarly, if you want to turn right, you have the right-of-way as long as the arrow or light is green.
Stops signs and Yield Signs
A stop sign works similarly to a red light because you must come to a complete stop at the intersection if a sign is present. Proceed only when it is safe to do so.
When it comes to yield signs, you must slow down and come to a stop, allowing other drivers to go until you can proceed. Remain stopped if the traffic does not permit passage. If no vehicles approach the intersection, you can proceed without stopping.
Right-of-Way Accidents
In many situations, right-of-way rules are ignored, which leads to motor vehicle or pedestrian accidents. In such instances, you will need a lawyer experienced in road accidents to help you determine the right-of-way rules and other traffic laws that were breached that led to the unfortunate event.
The investigative process is not just about who has the right-of-way. Speed limits and other traffic rules will be analyzed, and the involved parties will be assigned a percentage of fault for their actions or negligence.
Since California follows a pure comparative negligence system, both parties involved in a car accident can still recover compensation even if they are partially at fault.
Getting Compensation If You Did Not Have The Right-of-Way
Although right-of-way laws play a crucial role in establishing fault, you can still recover damages even if you did not have the right-of-way. The most important factors that will be analyzed include:
- The degree of negligence of each driver
- Whether the driver without the right-of-way took reasonable precautions while breaching right-of-way laws
- If the driver with the right-of-way acted negligently even if they had the right-of-way
Working With a Car Accident Attorney
A car accident lawyer can help you whether you had the right-of-way or not because car accidents are complex personal injury cases. At Brown & Gessell, our dedicated attorneys vigorously investigate right-of-way accidents and can help victims better understand right-of-way laws.
When you work with our attorneys, they will help you gather evidence and witness statements to strengthen your case. Our lawyers also work alongside third-party experts, such as accident reconstruction professionals, to accurately determine the events that led to the accident and which driver has the highest degree of fault.
Since car accidents often involve negotiations with insurance companies, our lawyers will assist you with these issues as well. The negotiation phase is crucial in car accidents as it can help you achieve a fair settlement for your damages and other losses and avoid a trial.
However, even if court proceedings are unavoidable, our proven trial lawyers will represent your rights and best interests. Contact our law firm today for a free consultation to learn more about your legal options, right-of-way laws, and what might affect your case.
Dealing With a Car Accident
If you have been involved in a car accident in California and the right-of-way is uncertain, there are several steps you can take to ensure a smooth claims process. First, contact emergency services and seek medical attention even if you do not feel pain symptoms.
The adrenaline rush from the car accident might mask some of your injuries, and seeking medical attention will ensure that you prioritize your health and establish a causal link between your injuries and the car accident.
Do not admit fault or engage in disputes with the other parties involved, even if you have the right of way. It is essential to contact authorities to report the accident if bodily injury is present, there was a fatality, or property damage exceeds $1,000.
Before leaving the accident scene, take photos of your injuries, road conditions, and damage to all vehicles involved. Write down the contact and insurance information of the other driver and possible eyewitnesses.
Report the accident to your insurance company as soon as you are able, and consult a car accident lawyer to learn more about your legal options and rights.