In Georgia, as in other states, the right-of-way laws determine which motorists, bicyclists, motorcyclists, or pedestrians have priority in different driving situations. The rules governing the right of way serve to prevent accidents. Ideally, they also keep traffic flowing smoothly.
This article discusses a few important points regarding following the right-of-way laws in Georgia. We also examine how the right-of-way rules can play a role when you seek compensation through an insurance claim or personal injury lawsuit after an accident involving a driver who failed to follow those rules.
What Does It Mean When a Driver Has the ‘Legal’ Right of Way?
When a road user has the “right of way,” it typically means they have priority to proceed before others at areas where different roads meet, like at intersections and in merging traffic lanes. The term can also describe when a driver can change lanes or when a driver can safely enter or exit a parking lot.
Right-of-way rules are key in ensuring the safe and smooth flow of cars, motorcycles, bikes, and pedestrians and preventing traffic crashes. Understanding and respecting when they or others have the right of way can help car drivers, bicyclists, motorcyclists, and pedestrians know when to stop and proceed.
For instance, under Georgia laws establishing the right of way, if you arrive at the same time as the driver of another vehicle at an intersection, the driver on the right goes first. However, if you want to turn left, you must wait for oncoming cars to pass before you turn.
In more specific cases, such as when emergency vehicles approach with sirens and lights on, all drivers must move to the side of the road and stop. Before proceeding, they must give clear passage to these emergency vehicles. Similarly, construction and maintenance workers on roads have the right of way. Drivers must follow signs and signals that direct traffic around these construction zones.
Who Has the Right of Way at Intersections in Georgia?
Sometimes, who has the right of way depends on whether an intersection has a stop sign or traffic light. For instance, under Ga. Code § 40-6-70, when two vehicles arrive at an intersection at approximately the same time, the driver on the left must yield to the driver on the right. This rule applies when no signs or traffic lights are posted at the intersection to control oncoming traffic flow.
However, if traffic control lights are present but are not working (or in “dark mode”), every driver must treat the intersection as though it has stop signs in all directions. So, all drivers must come to a complete stop and proceed only when it is safe to do so, taking turns with other drivers who have also stopped.
At intersections with stop signs, drivers must stop completely at the stop line or before they try to proceed through the intersection and pass through the crosswalk. After stopping, drivers have lawful authority to enter the intersection and go through the crosswalk if they can do so without interfering with pedestrians or with other vehicles moving through the intersection.
If a driver wants to turn left at an intersection with a stop sign, they must wait for any oncoming traffic to clear before completing their turn (or give the other vehicles on the road the right of way).
Who Has the Right of Way When Merging into Traffic?
Under Ga. Code § 40-6-73, drivers already on a highway or roadway have the right of way. So, if you are entering a highway from an on-ramp or merging into another lane, you must yield the right of way to the vehicles already in the lane you enter. For this reason, you should always look for yield signs when entering a roadway.
Drivers merging into traffic should use merge lanes where available. Before merging, they should accelerate up to the speed of other traffic on the highway and look for safe gaps. Using your turn signals to indicate your intention to merge is also helpful. It helps other drivers anticipate your actions.
Drivers who are already on the highway should also practice courtesy and safety. They should allow space for merging vehicles. While drivers already on the road have the right of way, they can contribute to a safer driving environment by adjusting their speed or changing lanes when necessary and safe.
What Are the Georgia Pedestrian and Bicycle Right of Way Laws?
In Georgia, pedestrians and bicyclists have specific rights and responsibilities regarding the right of way. For example, under Ga. Code § 40-6-91, drivers must stop and stay stopped for pedestrians crossing within a crosswalk on the same side of the road as their vehicles. They must also stop and remain stopped if a pedestrian is approaching closely enough from the opposite direction to be in danger.
On the other hand, pedestrians cannot suddenly leave curbs or other places of safety to walk or run into the path of an approaching motorist, leaving no time to yield the right of way safely.
Under Ga. Code § 40-6-294, bicyclists have all rights and all duties applicable to drivers of motor vehicles. This rule means that, in most situations, bicyclists must follow the same rules of the road as other motor vehicle drivers, including stopping at stop signs and yielding the right of way when necessary.
Additionally, under Ga. Code § 40-6-92, when traffic-control signals are not in place or are not operating, drivers must yield the right of way to pedestrians walking along or crossing the road. Drivers must also slow down or yield to pedestrians within crosswalks.
Finally, drivers in Georgia must remember that when they approach a stopped school bus from the front or rear, and the vehicle’s stop sign extends (typically, with a flashing light), all other traffic must yield and wait for students getting on or off the school bus to pass. The students have the legal right of way. Drivers cannot continue until the stopped school bus withdraws the stop sign.
Who Can Be Held At Fault in Georgia Right of Way Accident?
Determining who is at fault in a right-of-way accident may involve determining which driver violated the Georgia right-of-way rules. If a driver fails to follow the regulations related to the right of way, they can be held responsible for any resulting accidents. For instance, if a driver does not yield to a vehicle on their right at an intersection, and this failure leads to a crash, the vehicle driver who did not yield may be at fault.
Additionally, suppose a driver turns left at an intersection and collides with a vehicle from the opposite direction. In that case, the turning driver may be at fault for not following traffic signals or yielding to other traffic. Similarly, drivers may also be found at fault where they:
- Do not stop at stop signs or red lights
- Speed, rather than slow down, at yellow lights
- Fail to yield to pedestrians in crosswalks.
Determining who is at fault for an accident is essential for insurance claims and determining a party’s legal responsibilities. A knowledgeable Georgia accident lawyer can handle obtaining and examining evidence to identify the at-fault parties in these situations.
Contact a Georgia Personal Injury Lawyer Today
If you have been injured in a right-of-way accident in Georgia, don’t hesitate to contact Bayuk Pratt for help. With more than 50 years of successful legal assistance for our clients and more than $300 million recovered on their behalf, we have the background and dedication to help you. Contact us today for a free initial consultation. We can discuss your case and help you understand your legal options.
