Right-of-Way = Immunity?
The average road user’s notion of “right-of-way” is often incorrect. Drivers and pedestrians assume that if they “have” the right-of-way they are immune from culpability in a crash. Wrong. For example, let’s say you are approaching a four-way uncontrolled intersection. A vehicle on your left is also approaching the intersection. You’re the vehicle on the right and arrive at the intersection first. Appears clear enough – the right-of-way is yours. You enter the intersection at full speed because you “have” the right-of-way. The other driver T-bones you. The crash is bad. Someone gets hurt. It goes to court. The judge and/or jury finds that you did in fact have the right-of-way but failed to exercise due care, possibly violating the basic speed rule. In other words, given the other driver’s speed and proximity to your vehicle, you failed to act in a way that a reasonable and prudent person would have done under the same circumstances. The final verdict? Right-of-way does not mean immunity. You may get to share in the financial costs of the crash.
