Traffic laws ensure the orderly movement of traffic across roadways and highways. Without these laws, the roads would be a free-for-all and the number of car accidents would skyrocket.
To obtain a license, applicants must demonstrate their knowledge of these rules by passing a written test.
Unfortunately, many people quickly forget what they learn in driver’s ed. And right of way laws seem to be one of the earliest pieces of information to go.
Without proper observance of these laws, many people will be injured in crashes that were entirely avoidable.
For a free consultation with an experienced car accident lawyer, please call (770) 988-5252 or fill out our online form today.
What Do We Mean By “Right of Way”?
This phrase refers to who has the lawful authority to enter a road or change lanes. When a person has the right of way, they have legal permission to make their move. Other vehicles must stop and if they don’t…then an accident can occur.
Right-of-way rules are not just a matter of courtesy—they exist to keep everyone on the road safe, from motorists and cyclists to pedestrians. For example, at intersections without traffic signals or stop signs, Georgia law requires drivers to yield to other motorists turning right before making a left turn. These regulations manage traffic flow and prevent confusion about who should proceed first.
Because Georgia follows a fault-based insurance system, determining who had the right of way can play a crucial role in assigning liability—and in deciding whose insurance bears the cost after a crash. When questions about right of way arise, insurance claims can quickly become complicated.
Ultimately, right of way laws are designed to prevent accidents and protect lives. Failing to follow them can lead to collisions, serious injuries, and legal headaches for everyone involved.
Georgia’s Fault-Based Insurance System and Right of Way
Under Georgia’s fault-based insurance system, establishing who had the right of way becomes crucial after an accident. That’s because the insurance company of the at-fault driver is typically responsible for paying damages. If there’s uncertainty about who legally should have stopped or yielded, disagreements over fault and compensation often follow.
For example, if a driver ignores the rules about right of way and causes a collision, their insurer may have to cover the other party’s losses. But if both sides claim they had the right of way, proving your case becomes essential—and the outcome may affect who receives compensation for injuries or vehicle repairs. Some people wrongly assume that if Car A strikes Car B, then Car A is always at fault. In reality, we need to look at who had the right of way. It might be that Car B had the legal authority to move, though they were the one hit.
What Types of Evidence Help Prove Fault in a Right-of-Way Accident?
In the aftermath of a right-of-way accident, clear evidence is often the key to establishing who was truly at fault. Georgia law will rely on the facts, not just stories. There’s no harm in being thorough—if you’re physically able and it’s safe to do so, start gathering information at the scene.
Here are some examples of evidence that can make a real difference:
- Photos and Videos: Snap pictures of your injuries, the vehicle positions, the nearest traffic signals or signs, and any skid marks or debris. Cell phone videos capturing the aftermath are just as valuable.
- Witness Statements: Neutral third parties can bolster your account of what happened. Get names and contact details if you can.
- Police Reports: Responding officers document observations, diagram the scene, and may record statements from both drivers and witnesses. Request a copy for your records.
- Footage from Cameras: Sometimes businesses like Publix, Chick-fil-A, or nearby banks have security cameras pointed toward an intersection. Modern cars also have dashcams that may have recorded the incident.
- Cell Phone Data: By obtaining usage information from the other driver’s phone carrier, we can sometimes determine if a driver was using their phone before or during the collision.
- Physical Evidence: Things like broken car parts, paint transfers, or damage to nearby property can help reconstruct the crash.
- Medical Records: These provide a timeline and account of your injuries, supporting your version of events.
If you weren’t able to get evidence yourself, don’t panic—there are other ways to build a case using available records and footage. The more evidence you have, the easier it is to prove who had the right of way and, ultimately, who was responsible for the accident.
Right Of Way At Intersections
Who has the right to pass through an intersection first is a critical issue. When there are lights, the lights will tell you when it is lawful to go.
But what happens when the lights are out or malfunctioning? Georgia law treats intersections with inactive or broken traffic lights much like four-way stops. In this scenario, every driver must come to a complete stop, and all vehicles must yield the right of way to any pedestrians present. Only proceed through the intersection when you’re certain the way is clear—even if you would normally have a green light in that direction.
Staying alert and yielding appropriately at intersections, whether the lights are working or not, is essential for everyone’s safety and preventing costly mistakes.
What To Do If Traffic Lights Are Out
Sometimes, you might come across an intersection where the traffic lights are completely dark or flashing. In Georgia, if the signals aren’t working, you should treat the intersection as if every approach has a stop sign. That means every vehicle must come to a complete stop.
Once stopped, yield to any pedestrians already in the crosswalk, just as you would at a regular stop sign. After yielding, use the same right of way rules described above: let the first vehicle to stop go first, and if multiple vehicles stop at the same time, yield to the driver on your right. Proceed only when it’s safe and the intersection is clear.
Always remember to drive safely as you make a turn. Having the right of way is not a license to speed or take other risky action. If you do, you can be negligent and at fault for the crash. In Georgia, drivers are allowed to make a right turn on red after coming to a complete stop and ensuring the way is clear, unless a sign at the intersection specifically prohibits it.
Some motorists might ignore the right of way rules listed above and proceed through the intersection before their turn. Even if you have the right of way, you should stop so that you do not cause a crash. Failure to stop (if you can) might make you partially to blame for the accident.
Merging With Traffic
Right of way rules can crop up when a vehicle tries to merge with other traffic.
This is always a dicey situation fraught with danger.
We see accidents involving merging on the highway when vehicles are traveling at top speed. Accidents can be deadly.
Remember the following rules:
- If you are merging into traffic, adjust your speed so you can merge into the lane safely. This might mean slowing down or speeding up.
- If you are in the lane and another lane is merging with yours, you should change lanes to free up space, if you can. This means switching into the left-hand lane.
- When you enter a highway from an alley or other road, you need to stop and yield to all vehicles traveling on the road as well as pedestrians who are crossing. These rules also apply if you are crossing the highway.
It is critical to drive as safely as possible when merging. Most highways have yield signs, which means you must slow down as you approach. In some situations, you might also need to stop—even if that makes it hard to merge.
Construction Zones
Driving through construction zones brings its own set of challenges, and Georgia law is clear on what drivers must do. When you’re approaching a work zone marked with signs, cones, flashing lights, or the presence of construction workers, you are required to yield the right of way. Official vehicles equipped with flashing or revolving amber lights deserve special attention—slow down and, if necessary, stop to let them pass or carry out their work safely.
Keep these tips in mind when navigating construction areas:
- Always obey posted signs and temporary signals—they take priority over regular road rules.
- Watch for workers and machinery. If flaggers are directing traffic, follow their instructions, even if it contradicts a traffic light.
- Be prepared for sudden stops or lane shifts. Stay alert, reduce your speed, and be ready to yield to equipment or personnel at any time.
Remember, failing to yield or disregarding traffic controls in a construction zone could not only endanger lives but also result in hefty fines and penalties. When in doubt, err on the side of caution and give construction workers and vehicles the space they need to do their job safely.
Emergency Vehicles & School Buses
Certain vehicles have a right of way because of safety concerns or because they need to get to their destination in a timely manner.
Ambulances and other emergency vehicles are some obvious examples. If they are using their emergency lights, you must move to the shoulder of the road. If there is no shoulder, then move as far to the right as you can before stopping. Motorists must use caution so they do not endanger or strike other motorists, pedestrians, cyclists, or others.
If you must pull over at an intersection, don’t stop in such a way that you block the intersection.
With school buses, the driver should use flashing yellow lights when preparing to stop. Any driver must slow down and prepare to stop as soon as they see the yellow. When the bus lights turn red, you must stop. It is a criminal violation to pass a school bus with red lights and its stop sign extended. Even when a bus has its yellow lights on, however, motorists absolutely must watch for children scooting into the road.
Right and Left Turns on a Red Light in Georgia
Georgia law requires that drivers must come to a complete stop at stop signs, meaning the vehicle’s wheels must completely cease rolling. Failure to comply may result in a traffic citation for failure to stop.
To help with the efficient flow of traffic, Georgia law allows motorists to make turns on a red light in certain situations:
- You can make a right-on-red turn provided no sign at the intersection prohibits it. You must come to a complete stop and yield to traffic and pedestrians. You can only make the turn if you determine it is safe to do so.
- You can also make a left-on-red turn if there is no sign prohibiting it and you are turning from the left lane of a one-way street into a one-way street (and going the proper direction). You must come to a complete stop and yield to traffic and pedestrians. You can only make the turn if safe to do so.
Unfortunately, many drivers do not stop but “roll through” the intersection. Rolling stops are not allowed in Georgia. Come to a complete stop and check that the way is clear. You could hurt someone if you don’t.
HELP FOR PEOPLE HURT IN CRASHES CAUSED BY FAILURE TO YIELD RIGHT OF WAY
If you’ve been injured in a right-of-way accident in Georgia, MG Law wants to help you pursue what you need to put your life back in order. While you focus on getting medical treatment, we can investigate your crash and determine who is liable for your injuries.
Once we’ve collected the information we need, MG Law can negotiate aggressively with the insurance company for a fair settlement. If the insurer won’t agree to a reasonable settlement, we’ll be fully prepared to take your case to court.
Injured in a Georgia Auto Accident? Contact Us
MG Law has the experience you need following an accident. Give us a call at (770) 988-5252 or send an online message today to schedule a free consultation.
