Enter Your Zip Code to Connect with a Lawyer Serving Your Area
The California Department of Motor Vehicles has found that a significant portion of the accidents in this state are due to right of way violations. Right of way refers to the liberty to pass. When driving, it is important to know who has the legal right to proceed and who should yield.
Before you begin considering the right of way that pedestrians are entitled to, you must understand who a pedestrian is. In addition to people walking, individuals in wheelchairs, wearing roller blades and riding skateboards are also considered pedestrians.
These individuals always have the right of way when they are in crosswalks. They retain this right even if lines are not painted on the street and there are no flashing lights indicating a pedestrian crossing.
Respecting the right of way of pedestrians means that you should not stop a vehicle in a crosswalk. You should only drive on a sidewalk if it is necessary to enter an alley or passage way. When doing so, if people pass in front of or behind your vehicle, they should be allowed to proceed. Otherwise, you should not stall or stop on the sidewalk.
You should always be prepared to stop at an intersection, and you should allow pedestrians, cyclists and motorists who are traveling in the intersection or just entering the intersection to proceed. It is also important to comply with any signs or lights before making your way into the intersection.
At intersections without signs or lights, the person who arrives at the intersection first claims the right of way. If you reach the intersection at the same time as another vehicle or a cyclist, you must yield if the individual is on your right.
You do not have the right to enter a roundabout until the gap in the traffic is large enough to accommodate you. Once you are traveling in the roundabout, you must yield to pedestrians and cyclists who are crossing the road. When you need to exit the roundabout, you must yield to all traffic and pedestrians.
Mountain roads can create dangerous situations, especially when opposing vehicles are unable to pass. In this situation, the uphill vehicle has the right of way. If you are attempting to come down, you must back up until the opposing vehicle can safely pass.
Knowing the rules of the road should prevent you from receiving traffic violations or getting into a collision. However, sometimes innocent people are accused of wrongdoing, or accidents occur due to no fault of your own. If you received a ticket for a right of way violation or you were involved in an accident, you should contact a lawyer to discuss your problem.