STILL MORE RULES OF THE ROAD
RIGHT OF WAY: AT INTERSECTIONS OF HIGHWAYS
A safety statute provides that when two vehicles approach or enter an intersection at approximately the same time, the operator of the vehicle on the left shall yield the right of way to the vehicle on the right. It should be noted that the statute does not make the right of way on the part of the vehicle on the right depend on whether it reaches or begins to enter the intersection first.
The statutes define "right of way" as the privilege of the immediate use of the roadway.
The statutory phrase "approach or enter an intersection at approximately the same time" means the approach or entry of two vehicles toward or into the intersection so nearly at the same time that there is imminent danger of a collision if both vehicles continue their same courses at their same speeds.
If the automobiles in question approached or entered the intersection at approximately the same time, then it becomes the duty of the driver of the automobile on the left to yield the right of way to the automobile on the right. This duty compels the driver either to stop the automobile, if necessary, or to control and manage it so that he can yield the right of way to the vehicle within the zone of danger on the right and avoid colliding with it.
PLAINTIFF AND DEFENDANT EACH CLAIMS GREEN LIGHT IN THEIR FAVOR
Both drivers may claim that the green traffic light or "Go" signal was facing them as they proceeded to cross the intersection in question. It is a physical impossibility for this to happen, in the absence of evidence to the effect that the lights were not in good working order. It is for a jury to determine which driver the green light was facing and which driver, at that same time, the red light was facing as each driver proceeded into the intersection.
DUTY OF DRIVER APPROACHING INTERSECTION WHEN YELOW LIGHT SHOWS
A safety statute provides that traffic facing a yellow signal shown with or following a green light, shall stop before entering the intersection unless so close to it that a stop cannot be made in safety.
If it is found that the yellow light, which signifies caution, was showing before the driver entered the intersection, then the driver was required to stop unless he was so close to the traffic signal that a stop could not be made in safety.
RIGHT OF WAY: LEFT TURN AT INTERSECTION
The Wisconsin statutes define "right of way" as the privilege of the immediate use of the roadway and, further provide, that the operator of a vehicle within an intersection intending to turn to the left across the path of any vehicle approaching from the opposite direction shall yield the right of way to such vehicle.
The word "approaching," involves a concept of nearness in space and time. An automobile is approaching an intersection when it is not so far distant there from that, considering the speed at which it is traveling, it is reasonable to assume that a collision will occur if the driver of the automobile intending to turn left undertakes to do so by changing the course of the automobile from the right lane, across the center line, and into the path of the oncoming automobile.
If it is found that the oncoming automobile was in fact approaching the intersection, it then became the duty of the driver turning left to yield the right of way to such approaching automobile.
The following articles about personal injury law may also be of interest to you:
You & Your Personal Injury Claim
Answering Questions About Accident-related Injuries
At The Accident Scene, What Should I Do?
But My Insurance Adjuster Says I Don't Need A Lawyer
How Much Is My Injury Claim Worth?
Injuries To Children
Product Liability Claims
Herrick & Hart Personal Injury Attorneys, Eau Claire, Wisconsin
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