# Driving Right-of-Way Question **URL:** \ **Category:** Factual Questions\ **Created:** [December 13, 2004, 1:50am UTC](https://boards.straightdope.com/t/driving-right-of-way-question/279528 "2004-12-13T01:50:45Z")\ **Posts on this page:** 10\ **Page:** 1
**Author:** ![asterion](https://avatars.discourse-cdn.com/v4/letter/a/4da419/32.png) [@asterion](https://boards.straightdope.com/u/asterion)\ **Post date:** [December 13, 2004, 1:50am UTC](https://boards.straightdope.com/t/driving-right-of-way-question/279528/1 "2004-12-13T01:50:45Z")
This has come up several times, and I’ve never really known what the correct thing to do is, and I’m pretty sure I never learned it in driver’s ed in Albuquerque, seeing as how this scenario doesn’t show up much in that city. Anyway, I come to a cross-street and stop to make a left. While I’m waiting for traffic to clear, someone on the other side of the street comes to his stop sign and is going to go straight. Now, who has the right-of-way when the cross-traffic clears? I assume that the person who got to the intersection first has right-of-way, whether he’s going straight or turning. Or have I been wrong all this time? ---
**Author:** ![Mr.Blue\_Sky](https://avatars.discourse-cdn.com/v4/letter/m/d26b3c/32.png) [@Mr.Blue\_Sky](https://boards.straightdope.com/u/Mr.Blue_Sky)\ **Post date:** [December 13, 2004, 1:57am UTC](https://boards.straightdope.com/t/driving-right-of-way-question/279528/2 "2004-12-13T01:57:05Z")
Assuming it’s a 4-way stop, I would think it’s first come first serve. ---
**Author:** ![Balthisar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/balthisar/32/2825_2.png) [@Balthisar](https://boards.straightdope.com/u/Balthisar)\ **Post date:** [December 13, 2004, 2:08am UTC](https://boards.straightdope.com/t/driving-right-of-way-question/279528/3 "2004-12-13T02:08:01Z")
It’s first come, first served. You get into directional complications only when you stop at the same time. If it’s even close, I defer to the guy going straight, since I automatically assume that he’s a jerk and thinks he stopped first anyway. ---
**Author:** ![Polycarp](https://avatars.discourse-cdn.com/v4/letter/p/82dd89/32.png) [@Polycarp](https://boards.straightdope.com/u/Polycarp)\ **Post date:** [December 13, 2004, 2:12am UTC](https://boards.straightdope.com/t/driving-right-of-way-question/279528/4 "2004-12-13T02:12:26Z")
According to most states’ right-of-way laws, the person on the thru (no stop at corner required) street who is stopped in order to make a left turn, yielding the right-of-way to oncoming traffic on his street, has the right of way over the person stopped for a traffic control device. In any case, the law is clear, and I believe unanimous for all states, that the person _already in_ an intersection has the right of way over **anyone** entering it. (This is important in circumstances controlled by traffic lights – if you are stopped within an intersection to make a left turn, and get caught by a light change, so that if you had been behind the stop line, it would be red in your direction, you have the right of way over the cars who just got the green light to enter the intersection – you must clear the intersection first before they have the right of way.) As noted, if it’s a four-way stop, the first car to arrive at the stop line on his street has the right of way. If two cars arrive simultaneously, the general state ROW law says that the car to the right has the right of way – if you and a car coming from your right arrive there simultaneously, yield to him; if you and a car coming from your left, he should yield to you. ---
**Author:** ![asterion](https://avatars.discourse-cdn.com/v4/letter/a/4da419/32.png) [@asterion](https://boards.straightdope.com/u/asterion)\ **Post date:** [December 13, 2004, 2:16am UTC](https://boards.straightdope.com/t/driving-right-of-way-question/279528/5 "2004-12-13T02:16:48Z")
Sorry, this was a bad description of the circumstances. Four-ways (insert your own dirty joke here) I’ve understood for years , as well as making a left on a thru. This was a major street (well, major for this town anyway) without a stop and a cross-street with the stop. But I guess I was right in thinking that common-sense would be first come, first served. ---
**Author:** ![asterion](https://avatars.discourse-cdn.com/v4/letter/a/4da419/32.png) [@asterion](https://boards.straightdope.com/u/asterion)\ **Post date:** [December 13, 2004, 2:18am UTC](https://boards.straightdope.com/t/driving-right-of-way-question/279528/6 "2004-12-13T02:18:51Z")
I should have added that both I and the other car were on the cross street. ---
**Author:** ![don\_t\_ask](https://avatars.discourse-cdn.com/v4/letter/d/e68b1a/32.png) [@don\_t\_ask](https://boards.straightdope.com/u/don_t_ask)\ **Post date:** [December 13, 2004, 2:39am UTC](https://boards.straightdope.com/t/driving-right-of-way-question/279528/7 "2004-12-13T02:39:28Z")
Although in Australia we drive on the left, our mirror image situation - turning right is always that the vehicle turning right has to give way to anyone going straight or anyone turning left. Assuming that the other vehicle isn’t at a stop or give way sign and you are not. There are no rules about who got there first although I have never seen a 4 way stop intersection either. ---
**Author:** ![Nametag](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nametag/32/406_2.png) [@Nametag](https://boards.straightdope.com/u/Nametag)\ **Post date:** [December 13, 2004, 4:28am UTC](https://boards.straightdope.com/t/driving-right-of-way-question/279528/8 "2004-12-13T04:28:20Z")
I call your attention to the following sections of the California Motor Vehicle code: > [@](#): > > 1. (a) The driver of a vehicle intending to turn to the left or > to complete a U-turn upon a highway, or to turn left into public or > private property, or an alley, shall yield the right-of-way to all > vehicles approaching from the opposite direction which are close > enough to constitute a hazard at any time during the turning > movement, and shall continue to yield the right-of-way to the > approaching vehicles until the left turn or U-turn can be made with > reasonable safety. > (b) A driver having yielded as prescribed in subdivision (a), and > having given a signal when and as required by this code, may turn > left or complete a U-turn, and the drivers of vehicles approaching > the intersection or the entrance to the property or alley from the > opposite direction shall yield the right-of-way to the turning > vehicle. > > 2. (a) The driver of any vehicle approaching any intersection > which is controlled by a yield right-of-way sign shall, upon arriving > at the sign, yield the right-of-way to any vehicles which have > entered the intersection, or which are approaching on the > intersecting highway close enough to constitute an immediate hazard, > and shall continue to yield the right-of-way to those vehicles until > he or she can proceed with reasonable safety. > (b) A driver having yielded as prescribed in subdivision (a) may > proceed to enter the intersection, and the drivers of all other > approaching vehicles shall yield the right-of-way to the vehicle > entering or crossing the intersection. It therefore appears that it’s “first come, first served.” The all-way stop scenario gives the same result, but it is most emphatically not the relevant law. ---
**Author:** ![don\_t\_ask](https://avatars.discourse-cdn.com/v4/letter/d/e68b1a/32.png) [@don\_t\_ask](https://boards.straightdope.com/u/don_t_ask)\ **Post date:** [December 13, 2004, 5:44am UTC](https://boards.straightdope.com/t/driving-right-of-way-question/279528/9 "2004-12-13T05:44:42Z")
That extract from the California Motor Vehicle code reads like how things operate in Australia - once you give way and an opportunity to turn presents itself you may commence turning and vehicles **approaching** the intersection must let you complete your turn. But a car waiting at the opposite sign is no longer approaching and it isn’t true that “the left turn or U-turn can be made with reasonable safety.” That’s how I would enterpret it. ---
**Author:** ![Balthisar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/balthisar/32/2825_2.png) [@Balthisar](https://boards.straightdope.com/u/Balthisar)\ **Post date:** [December 13, 2004, 4:02pm UTC](https://boards.straightdope.com/t/driving-right-of-way-question/279528/10 "2004-12-13T16:02:23Z")
This seems like a good time to point out that if (for example) _I_\* am in the left turn lane on a through street, waiting to make a left turn, and _you_ are on my left side on a connecting street trying to make a right turn towards me, you _do not have the !@!? right of way_. Stop honking at me and making faces when I “cut you off.” Similarly, the left turn lane is a lane to turn left from on the major street. You’re not supposed to turn left from a parking lot or connecting street into this lane, you jerk. If the traffics too heavy to turn left, then _don’t_. Go right. You can make a U turn at some point. I’m tired of all the near misses with your stupid self.