How It Works: Right-of-Way

You should know when to give it, and when to take it

Jil McIntosh

Feb 13, 2019 • January 9, 2020 • 4 minute read • Join the conversation

When entering a traffic circle, you must always yield to vehicles already in the circle. Photo by Jil McIntosh

Of all the rules of the road, one that seems to be the most misunderstood, but is also among the most important, is right-of-way. While taking the right-of-way when you shouldn’t can result in a crash, it can be just as dangerous to relinquish it when it’s your turn to go ahead.

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The rules may vary slightly depending on your jurisdiction, but generally, the law doesn’t give you the right-of-way. Instead, it dictates when you must yield the right-of-way. At the core, it’s all about keeping two vehicles out of the same space and avoiding crashes, and you’re expected to drive defensively even if another driver is in the wrong.

For example, if someone enters an intersection ahead of you, even if you should have been the first to go ahead, you are now expected to yield to that vehicle. If you don’t, you could be charged in any resulting crash.

Generally, you must defer to others:

when you’re at a yield sign
to pedestrians in a crosswalk
to another vehicle already in an uncontrolled intersection (one that doesn’t have any traffic lights or signs)
and when making left-hand turns, you must yield to oncoming traffic or pedestrians.

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However, when you’re turning left off the road into a driveway, such as into a parking lot, those leaving the driveway are expected to yield the right-of-way to you.

Four-way stops are confusing to many drivers. The first vehicle to stop at the intersection is also the first to enter it. If two or more drivers come to a stop at the same time, they yield to the driver on their right. But again, if someone jumps the gun out of turn, stay put – it’s about driving safely, not barging in to prove who’s right.

Three-way stops can be even more confusing, and the rules can depend on the jurisdiction where you’re driving. The same first-there, first-through applies, and if you get there at the same time as one or two other vehicles, right-of-way goes to the vehicle on the right. This also applies at T-intersections where there are no stop signs. But because these are confusing, the best advice is to slow down as you approach, and yield if necessary – even if you have the right-of-way – if it’s obvious the other driver isn’t going to back down.

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At a two-way stop when you’re at a stop sign, you obviously yield to traffic crossing in front of you. But if you’re making a left-hand turn, you’re expected to yield to any vehicle that’s facing you and coming across the intersection – even if you had to wait for traffic to clear and that driver got there after you did. (If that doesn’t make sense to you, picture the intersection with traffic lights. No matter who arrived first, when the light turns green, you always wait for cars to proceed before you make a left-hand turn. This is the same, only with signs instead of red lights.)

If four-ways tend to confuse drivers, they’ve got nothing on roundabouts and traffic circles. The easiest way is to think of them as one-way streets that happen to be circular. You must yield to vehicles already in the circle, and once you’ve entered the circle, those who want to enter are expected to yield to you. Once you’re in the circle, don’t stop – keep driving to your exit, just as you would on any other street. If there’s more than one lane in the circle, you must make a proper lane change to move over into the other one. If you miss your exit, just go around the circle until you come to it again.

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In almost all driving situations, when you’re making a left-hand turn, you are expected to yield to other vehicles, including when a driver facing you is turning right. And when you’re turning onto a multi-lane road, whether it’s a left or right turn, you are required to stay in the same lane you were in – for example, if you’re turning left, you have to turn into the left-hand lane of the road you’re entering. Never turn wide into the other lanes. Instead, enter the correct lane, check for traffic, activate your signal, and make a lane change.

When approaching a yield sign, you need to slow down, but you’re not required to come to a complete stop if the path ahead is clear. If there is traffic, you must wait. But before you proceed from the yield – or, for that matter, any time you make a right-hand turn – you should always look to your right, not just to your left for oncoming traffic, before you move your vehicle. There may be a pedestrian or cyclist who is crossing your path.

What about relinquishing the right-of-way? It may be considered polite to wave someone through, but it’s usually a very bad idea. Stopping in an intersection or in a traffic circle to let someone in will confuse other drivers and could result in a “stand-off” where no one’s sure what to do. And waving someone to turn in front of you when you’re stopped in traffic could block that driver’s view of vehicles coming up beside you. In every situation, know the right-of-way, know when to yield to it, and know when it’s safest to take it.