Who Has the Right of Way?

Published for NC Criminal Law on November 02, 2016.

Two vehicles, one traveling east and the other traveling south, arrive at approximately the same time at an intersection that is not marked by traffic signs or lights. Which vehicle may enter the intersection first? The driver of the vehicle on the left must yield the right of way to the vehicle on the right. G.S. 20-155(a). Thus, at the intersection depicted in the image below, the purple vehicle must yield the right of way to the blue vehicle.   Two vehicles approach or enter an intersection at approximately the same time, within the meaning of G.S. 20-155(a), when considering their distances from the intersection, their speeds and other circumstances, the driver of the vehicle on the left should reasonably apprehend danger of collision unless he waits until the vehicle on the right has passed. Dawson v. Jennette, 278 N.C. 438, 445 (1971). The right of way is not determined by a fraction of a second. Id. What if the intersection is marked by a four-way stop, as depicted this next image? If both vehicles arrive at the intersection at the same time, the rule noted earlier still applies. The purple vehicle on the left must yield the right of way to the blue vehicle on the right. What if, at an intersection without traffic lights, two vehicles approach at approximately the same time from opposite directions? The rule in G.S. 20-155(a) does not apply to vehicles proceeding in opposite directions that meet at an intersection. Fleming v. Drye, 253 N.C. 545, 549 (1960). Either [...]