Right-Of-Way And The Right Thing To Do

Q: At an intersection, where the flow of traffic in question does not have a stop sign, and there are several cars flowing through it, does a pedestrian have the right to step off the curb to cross as long as it does not cause an “immediate” hazard? Who has the right-of-way?

 A: I’ll get to the actual answer in a moment, but I want to lead with this: Don’t hit the pedestrian. Yep, you already knew that, I know. My point here is that there is the right-of-way, and then there’s the right thing to do.

We often talk about who has the right-of-way, but that’s really a distortion of the language in our laws. The law doesn’t define who has the right-of-way; it states who must yield the right-of-way. Maybe that sounds like two different ways of saying the same thing, but there is a difference. Think of right-of-way as something floating out there in the universe that you can never take for yourself, but you’re free to give to someone else.  Okay, now it sounds like I’m writing a new age self-help book. But the point still stands.

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When Swerving For Cows, Yield to Oncoming Cars

Q: On a residential no outlet road, is it law that I must use my turn signal to make a right turn into my own driveway? If a residential road has no white centerline, can I be pulled over for supposedly driving up the middle of the road? In particular, when there is plowed snow on the shoulders of such road?

A: I’m wondering if this two-part question was prompted by a single law enforcement encounter. Or maybe I’m wrong about that and it’s just a debate among friends. If the questions did stem from a traffic stop, I expect that the officer would have already provided the answer to the driver in the form of a warning or a ticket. If it’s a debate, allow me to settle the argument.

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Can You Ever Really Have The Right-Of-Way?

Q1: At a two-way stop intersection where cross-traffic doesn’t stop, what is the protocol if cars approach the stop signs at different times during heavy traffic, and have conflicting proposed motions? If I am taking a left turn from one stop sign, and waiting for cross-traffic to clear, and a car comes up to the other stop sign opposite me, wanting to go straight, who is required to wait for the other? Would I be required to wait for the opposite car, even though I arrived at the intersection first?

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