DEAR SGT. AL: WHO HAS THE RIGHT OF WAY?

The white car yields the ROW to the yellow car.

DEAR SERGEANT AL: A buddy and I got into a heated debate the other day to decide we’d let you decide. When two cars approach an intersection at the same time, who has the right of way on the road? I say the car on the right always has to yield the right of way. And does anyone on the road ever have the right of way? I say NO; no one ever has the right of way. A steak dinner is riding on this. –RIGHT AWAY WRONG WAY

DEAR RAWW: You lost the first one and won the second one, so I say this is a draw. Both of you split the bill. And since I have the answer, I like my steak medium, my potatoes either roasted or fried, and with a glass of Riesling or a pink Zinfandel, Caesar salad before dinner please. Remember it this way: LEFT YIELDS RIGHT. For the second part, NO ONE HAS THE RIGHT OF WAY IN THAT IT IS NOT AN ABSOLUTE RIGHT. According to USlegal.com the right of way is described as follows:

In traffic laws, a driver is entitled to the "right of way" to priority to proceed ahead of other vehicles or pedestrians, depending on certain rules of the road, such as the first to reach an intersection. Failure to yield the right of way to the vehicle or person entitled to is dangerous and may result in a citation and fine, or liability in the event of an accident. However, right of way is not an absolute right. It must be exercised in a reasonable manner with due care for one's self and for the care of others involved.

Folks, read this carefully as this is Drivers License Written Test 101 and good defensive driving: NOBODY HAS THE RIGHT OF WAY ON THE ROAD, not cars, not buses, not trucks, not even pedestrians. The more accurate way of describing the right of way is to state WHEN AND WHO MUST YIELD THE RIGHT OF WAY, and according to USLegal.com, the following is when you must yield the right of way:

       1. when police or emergency vehicles are using sirens or flashing lights. The driver must pull  to the right-hand edge of the roadway and stop, if necessary. Intersections must not be blocked.

2.    when making a right turn on a red light after a stop.

3.   after coming to a complete stop at an intersection where there is a stop sign or flashing red signal. If there is no stop line, stop before the crosswalk. If there is no crosswalk or stop line, stop at a place where all approaching traffic can be seen. Proceed only after stopping and yielding to all pedestrians and other vehicles in the intersection.

4.   when making a left turn on a red light after a stop from a one-way street to another one-way street with traffic moving to the left.

5.    when more than one driver reaches a four-way stop intersection. The first driver to stop should be the first to go. When two vehicles on different roadways arrive at a four-way stop intersection at the same time, the vehicle on the left should yield to the vehicle on the right.

6.   when two vehicles on different roadways reach an uncontrolled intersection at the same time. The vehicle on the left should yield to the vehicle on the right.

7.   to oncoming traffic when making a left-hand turn. If you enter an intersection while the light is green, you may finish your turn even though the light turns red.

8.    to through traffic when approaching a MERGE sign. You must increase or decrease speed to avoid an accident.

9.      when approaching a YIELD sign. You should slow down or stop to avoid an accident.

10.   even after the light turns green when there are vehicles in the intersection.

11.   when emerging from an alley, building, private road or driveway after coming to a complete stop.

12. to cross traffic when on the terminating highway of a "T" intersection with no traffic control signs or signals.

13. to any authorized vehicle engaged in construction or maintenance of a highway that is displaying amber (yellow) oscillating, rotating or flashing lights. Yielding the right-of-way can help prevent accidents and save lives.

14.  when a funeral procession enters an intersection with its lights on. The lead vehicle of the procession must obey stop signs and traffic signals. But when the lead vehicle has crossed an intersection, the following vehicles in the procession may cross cautiously without stopping. A driver who is not in the procession may overtake and pass the procession if he or she can without causing an accident or interfering with the procession. Drivers who are not part of a funeral procession-except for emergency vehicles - are not allowed to break into the line unless they are authorized to do so by a traffic officer.

15.. There are other right of way traffic rules regarding pedestrians and other users of the road, such as bicycles.

NO ONE HAS THE RIGHT OF WAY: just because someone is walking alongside a road does not entitle them to the ROW, and in fact it does not necessarily mean that any vehicle has to yield the right of way to this pedestrian. HOWEVER, for safety sake, it makes good defensive driving and common sense to yield the ROW to this fellow where and when necessary.

It often amazes me how often pedestrians think they always have the right of way on the road, almost to the point of entitlement as if it is a right in a constitutional sense, to not realize that the law isn’t always on their side. For example, if a pedestrian were allowed on a highway and given the right of way, could you imagine the impending disaster that such a thing might cause if suddenly a truck going at highway speeds suddenly had to stop because someone walking along the highway decided to cross? Just because a pedestrian is walking alongside a road does not automatically entitle them by law to the right of way. In fact in this example, there are some jurisdictions in the country that make it ILLEGAL for pedestrians and hitchhikers to walk anywhere on or near a highway, some even make it a criminal offense as it is so unsafe. In those places where this is illegal, then the natural assumption should be that they do not have any right of way. NOW, for argument’s sake, what if there was a paved CROSSWALK with signs across that same highway? Would that same truck have to be prepared to slow down and stop TO YIELD THE RIGHT OF WAY to a crossing pedestrian? You bet it would, but it is not the pedestrian that has the right of way, it is the truck that must yield the right of way.

SO RAWW both of you are WARNED: LEFT ALWAYS YIELDS TO THE RIGHT at an intersection when two or more vehicles approach at the same time, and in ALL cases NO ONE HAS THE RIGHT OF WAY. The 15 examples I gave you is when a driver or pedestrian must yield the right of way, which is a big difference between anyone just automatically having the right of way, which they don’t. Safe driving!