(No) Right of Way Philosophy
There is a greater misunderstanding about the uniform right-of-way law ( as legislated by most states) than any other part of
the uniform traffic code. Ask any driver if he knows the right-of-way rule and he gives you a look that says. "why, you dumb
so-and-so, I've been driving professionally for fifteen years. Do I know the right-of-way?" The answer to that is, "Well, do
you?"
It's downright amusing sometimes to hear people quote it to you. They actually start like this: "When two vehicles reach an
intersection at the same time, the one on the right has the right-of-way." Right then we know that he is not quoting from the
same law. He has not learned the basic principle of the uniform right-of-way law. Let's start reading it together.
It reads like this. "When two vehicles enter an intersection from different highways at approximately the same time, the driver
of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
That's quite different from what most people say. In one case, the law says in most states "Never Gives the Right-of-way to
anyone." The law only says who shall yield and places the penalty on the driver who fails to do so. They may have him
arrested- if they are still alive after the crash- but don't make this silly mistake of thinking the law has given anyone the
right-of-way.
The only person who can give you the right-of-way is the other driver. Until he does so, you haven't got it. We have read
dozens and dozens of collision reports which start with "I had the right-of-way," and there have been several near fights
between drivers involved in collisions in which each driver claimed he had the right-of-way. Most of us have even read or
heard of "shoot-outs" over who was I the right in a traffic situation.
When you come to think of it, it's rather plain to see that neither one had the right-of-way, for if either one had, there would
have been no collision.
You can mark this down as truth- in every case of vehicle collision neither driver had the right-of-way, although one or both
may claim it.
With this knowledge of right-of-way a new light is shed on correct behavior at intersections. We must know the law, of
course, but for the safety's sake we must never assume that we have the right-of-way until we are sure the other fellow has
yielded it to us.
This safety concept also especially applies to pedestrians and bicyclists. Even though the light is green and/or you are in a
marked crosswalk, you can be injured or killed unless the driver does actually yield. As often as pedestrians insist they are
"protected" by law, so shall we continue to have pedestrians injured or killed.
When bicycles are in motion they are subject to the same regulations as other moving vehicles. however, when they are
stopped, the bicyclists foot touches the pavement and therefore he becomes subject to all regulations covering pedestrians.