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A Driving Poll


AtomicCEO
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Driving Laws: A National Concern  

41 members have voted

  1. 1. Who has the right of way? (see below for scenario)

    • The car making a right
      18
    • The car who got there first
      23


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I was driving today and realized that I was not 100% sure of the answer to this question. Of course... the unwritten law is that whoever wants to get into an accident the least always yields the right of way... but I wondered about the official law.

 

Main St. and Side St. intersect at a 4 way intersection.

 

Main St. has no stop signs at the intersection, but Side St. has stop signs on both sides.

 

A car pulls up to the stop sign on Side St. looking to make a left onto Main St. South. A few seconds later, a car pulls up to the opposite stop sign looking to make a right onto Main St. South.

 

When the traffic clears so that both cars can turn, who has the right of way?

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It is whoever got there first... but if there is any question as to who got there first, THEN the person turning right goes first.

 

EDIT: my answer applies to 4-way stops... but I see your scnario isn't a 4-way stop. If the car turning right has a clearance to go and teh car turnign left doesn't (even though they got there first) then the car turning right can go.

Edited by Savage Beatings
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EDIT: my answer applies to 4-way stops... but I see your scnario isn't a 4-way stop. If the car turning right has a clearance to go and teh car turnign left doesn't (even though they got there first) then the car turning right can go.

If I am reading the question right then this is my answer.

 

Having said that I would assume that the way you are asking this would mean the it becomes clear for both at the same time. If that is true then I would have to say that the car that was there first would have the right of way. I know that I go though this every day where I pull out on to the main road and what I do is go by who got the lane clear first. If it is me then I pull out but I stop to let the other car pull out in front of me. I don't know if that is making sense but that is what I do almost every day.

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Since it is not a 4-way stop, the vehicle turning right has priority, regardless of whether or not that it arrived later.

Yes I would agree with this and now that I went back and re-read what the original post was I agree. My statement was where both of us are making lefts.

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Since it is not a 4-way stop, the vehicle turning right has priority, regardless of whether or not that it arrived later.

That was my thought too. I did exactly that once and the guy turning left from the other side of the two way (who had arrived first but had to wait for cross traffic) got really pissed about it - he presumably thought he should get first dibs because he got there first.

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Traffic clears for both cars at the same time. There is no Northbound traffic to impede the person turning left.

 

Are there two lanes for you guys to turn into. If so, you turn into the right most lane and the other car takes the left most lane. If it is a two-lane road. I think the car that arrived first goes.

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Ok, results time.

 

I could find no record of any law about the car turning right having the right of way. What I did find is that the car TO the right at an intersection has the right of way... which is moot when you are on opposite sides.

 

It is clearly written that at a FOUR way stop, the car that got there first has the right of way. There was no mention of a 2 way stop.

 

But the overriding statute covering all if this is that you must make every effort to not hit another car, regardless of who has the right of way, who got there first, or who is turning where from what side. So... in other words... if you jump first, it's yours for the taking! I was right in my original post that whoever wants to get in an accident the least always yields the right of way. It's the law!

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In most states it would be the car turning right (at least the ones I have lived in).

 

When you see a cop on the street, ASK HIM!

 

The general rule is that the vehicle requiring the least "risky" traffic manuver. In this case, the right turn only has to contend with unmetered traffic (light or sign) in one direction.

 

Same senario, but the car turning right is going straight independent of "right of way". Car going straight still has the right of way. Crossing and clearing an intersection is less risky than crossing the intersection and 'merging" into the flow of traffic.

 

Another thing to remember is that "right of way" laws are generally written as yeilding laws.

 

Cars arrivig at a four way stop intersection is a good example. Most people think that "the car on the right" has the "right of way". The actual law in many states is that, "The car on the left shall yeild the right of way to the car on the right." This makes both drivers responsible for the flow of traffic at the intersection. It is a subtle difference, but makes sense when you think about it. Same would be said about two cars rriving in opposiite direction at the same time. One turning left and the other going straight. The law states that "the vehicle turning left shall yeild to the vehicle going straight through the intersection".

 

Obviously few of you have ever had to go to driving school to clear a ticket! :D:D

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But the overriding statute covering all if this is that you must make every effort to not hit another car, regardless of who has the right of way, who got there first, or who is turning where from what side. So... in other words... if you jump first, it's yours for the taking! I was right in my original post that whoever wants to get in an accident the least always yields the right of way. It's the law!

wouldn't this implictly give the right of way to the car turning right since even if they start their turn a little bit after the guy making the left, they will still get to the place where the cars will collide before the guy turning left does--hence making the person turning left the person who would be hitting the other car (as opposed to being the person getting hit).

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I think all you people saying the car turning right are confusing this situation with the 4-way stop tie goes to the car on the right.

 

Two things to consider:

 

1) What if there is a long line of cars opposite you turning right? Are you supposed to let them all empty out?

 

2) If you come to a 4 way stop (not a tie) and the car opposite you is last to arrive of the 4 cars possible but turning right, do you let it go first?

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wouldn't this implictly give the right of way to the car turning right since even if they start their turn a little bit after the guy making the left, they will still get to the place where the cars will collide before the guy turning left does--hence making the person turning left the person who would be hitting the other car (as opposed to being the person getting hit).

 

It all depends on reaction time, acceleration, and any moment of trepidation on the part of the more cowardly driver.

 

By the way, I drive through this intersection every day on my way home, and I always have the right of way from the left turning position. :D

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