How Right of Way Rules Impact Car Accident Claims

According to the statistics by the National Institute of Health (NIH), an estimated 1.35 million deaths happen each year in vehicle accidents. The leading cause of these accidents, among others, is driver’s ignorance about the right of way rules. Therefore, it is crucial to have an understanding of who has the right of way, to avoid accidents and liabilities. 

Learn how right-of-way violations can lead to accidents. Explore rules for right of way and their role in proving fault in legal car accident cases with our lawyers at Royce Injury.

The Right of Way Definition

Regarding traffic rules, right of way means a driver’s or pedestrian’s right to move first in certain situations e.g., at an intersection or merging lanes. Drivers and pedestrians need to follow the right-of-way rule to ensure a smooth flow of traffic and avoid any possible road accidents involving both drivers and pedestrians. For example, right of way requires drivers to give way to pedestrians at crosswalks and give way to other vehicles at a roundabout. Failure to adhere to the right-of-way rule leads to accidents and traffic blockage.

Typical Situations Involving Right of Way 

All drivers and pedestrians are required to follow the right-of-way laws to avoid accidents. Typically following traffic situations require adherence to right-of-way rules:

1. At intersections, vehicles arriving later must give way to the ones arriving first or the ones at right.
2. At crosswalks, pedestrians have the right of way over the vehicles.
3. At roundabouts, the vehicles entering into the roundabout must give way to the ones already circulating.
4. In case of merging lanes, the ongoing traffic has the right of way over the vehicles coming from the merging side. 

How Right of Way Violations Happen

Violation of right-of-way rules occurs due to multiple reasons. For example, a driver may fail to give right of way by being distracted by cell phone usage while driving or being involved in any other activity leading him to be distracted from driving. Over-speeding may also lead to right-of-way violations. Inexperienced drivers having limited or zero knowledge of traffic rules may also cause such violations. Improper traffic signage or failure of drivers to understand the signage properly may also lead to right-of-way violations. Such violations have a high chance of leading to an accident involving both drivers and pedestrians. 

Legal Consequences of Right of Way Violations 

Violations of rules of right of way may lead to the following legal consequences:

1. Traffic citations or tickets may be issued to violators.
2. Repeated violations may increase record points in violators’ records which may lead to monetary losses e.g. increased insurance premiums.
3. Violations may lead to accidents as well, causing the violator to bear damages and medical expenses.
4. Severe accidents caused by such violations may also lead to heavy penalties, criminal charges, and compensations.

Therefore, it is important to adhere to the right of way to avoid accidents and violations leading to personal injuries and property damages. 

Right of Way and Its Role in Car Accident Claims 

In case of a right of way accident, the liability may indirectly be connected to the violator. However, other factors may also be considered.

Does Right of Way Automatically Determine Fault?

No. It’s important to determine the intent behind the right of way violation i.e., whether the violation was intentional or unintentional. Additionally, contributing factors like negligence, vehicle malfunction, road conditions, and improper signage may also be considered to determine liability. 

 Shared Fault in Right-of-Way Accidents

In cases of shared fault accidents, liability may be determined based on the extent of negligence of both drivers. For example, a driver violating the right of way may collide with an over-speeding driver leading to an accident.

Key Evidence to Demonstrate a Right-of-Way Violation 

Both oral and documentary evidence play a vital role in establishing liability in a car accident right of way violation. In terms of oral evidence, initial statements of the bystanders or parties involved may be utilized, whereas traffic cameras and dashcam footage may be submitted as documentary evidence. Additionally, police investigation reports, medical records, vehicle inspection and maintenance records & traffic violation records of liable parties may also be used as evidence. 

What to Do After a Right-of-Way Accident 

Parties involved in a right of way issue may take the following steps:

1. Remove injured parties out of the way to prevent further damage.
2. Remove the damaged vehicle from the traffic to allow smooth traffic flow.
3. Notify emergency services and relevant law enforcement agencies.
4. Seek medical attention.
5. Notify your insurance company of the accident to cover costs and damages.
6. Gather records for injury claims.
7. Consult an expert attorney to better understand your compensation rights and timely file an injury claim. 

Tips for Preventing Right-of-Way Accidents 

To prevent right of way violations and accidents, it’s important to understand the right of way meaning in traffic. Understanding and adhering to relevant laws significantly improves your chances of avoiding road accidents. Additionally, avoid distracted driving or driving under the influence of intoxicating substances. Improve your knowledge and understanding of traffic laws as well. Avoid driving in heavy traffic roads if you are an inexperienced driver. Take driving lessons and practice driving to improve your driving skills. Keep in touch with weather and road conditions and conduct regular maintenance checks of your vehicle.

Right of way is an important traffic rule which helps maintain and regulate traffic. Additionally, it also helps prevent various types of minor and major road accidents. Drivers must adhere to these rules to avoid accidents leading to physical injuries and property damage as well as traffic rules violation penalties. The city management and authorities must also ensure proper road maintenance and traffic signage display to minimize violations and accidents caused by such violations. If you need more help understanding what your rights are, consult with our car accident lawyers at Royce Injury today.