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North Carolina’s right-of-way laws dictate who must yield in nearly every situation on the road. The purpose of these rules is to keep our roadways safe. When drivers ignore them, people can suffer severe, life-changing injuries.
If you are a pedestrian who suffered injuries in a failure-to-yield accident in North Carolina, you should consult an experienced North Carolina pedestrian accident lawyer to learn more about your rights and options for seeking compensation.
What Is a Right of Way?
In traffic law, a “right of way” is the legal privilege that allows a vehicle or pedestrian to proceed before others do in a specific situation. Right-of-way laws determine which person or vehicle has priority to proceed at intersections, merges, or other road situations. The goal of these laws is to ensure safety, prevent collisions, and support orderly traffic flow.
What Are General Right-of-Way Rules in North Carolina?
The right-of-way laws in North Carolina dictate how people should interact with each other at intersections. The important provisions you should know about are:
- Uncontrolled intersections – When two vehicles approach an intersection from different roads at the same time, the driver on the left must yield to the vehicle on the right.
- Traffic circles – A driver who approaches but has not entered a traffic circle must yield to vehicles already in the circle.
- Stop signs and traffic signals – It is illegal under North Carolina law to fail to stop at a stop sign or red light. At stop signs, drivers must yield to vehicles operating on the through highway or designated main-traveled road.
- Flashing yellow lights – Approaching vehicles may proceed through the intersection with caution, but they must yield to vehicles in or approaching the intersection.
- Flashing red lights – Vehicles approaching the flashing red light must stop and yield to vehicles approaching or in the intersection. The right to proceed is the same as at a stop sign: when drivers approach simultaneously, the driver on the left must yield.
- Green light vs. green arrow – When a driver has either a green light or a solid green arrow, they may proceed, taking care to yield to any cars or pedestrians that have not yet cleared the intersection. If the arrow is flashing, they must yield to any oncoming traffic.
- Four-way stops – All drivers must stop at four-way stops. The first driver to arrive at the intersection goes first. If more than one vehicle arrives at the same time, the driver(s) on the left must yield.
- Left turns – The driver of a left-turning vehicle must yield the right-of-way to any vehicle approaching from the opposite direction that is inside the intersection or so close that it is an immediate hazard.
- Right turns on red – Any driver turning right on a red light must yield to other traffic and pedestrians using the intersection, as well as pedestrians who are moving toward or are reasonably close to the intersection, and who are preparing to cross in front of traffic that is required to stop.
- Move Over Law – The “Move Over Law” in North Carolina requires motorists to move over one lane or slow considerably when approaching emergency vehicles with flashing lights that are stopped on the side of the road.
- Pedestrian right-of-way laws – Any driver in a business or residence district must yield to a pedestrian crossing within a marked crosswalk, except where traffic signals or traffic officers regulate traffic.
- When pedestrians must yield – As a matter of law, every pedestrian crossing a road anywhere other than a marked or unmarked crosswalk at an intersection must yield to all vehicles on the road. That includes “jaywalking” and mid-block crossings.
Right-of-Way Laws for Bicyclists and Motorcyclists
North Carolina’s right-of-way laws are the same for bicyclists and motorcyclists as they are for other vehicles on the roadways, as both are considered vehicles that are subject to traffic laws.
Bicyclists’ Legal Rights in North Carolina
Bicyclists may travel on all public roadways except freeways such as interstates with controlled access. Vehicle drivers must pass cyclists with at least two feet of clearance and yield to them at intersections. Bicyclists may use a full marked lane, as the North Carolina Driver’s Handbook explains. Because bicycles are treated as vehicles under North Carolina law, cyclists have the same protections as other road users if they get hurt because someone else failed to yield the right-of-way.
Common Driver Errors Involving Motorcycles
Motorcycles are smaller than passenger vehicles, which makes them easy for other drivers to overlook. Common driver errors that lead to motorcycle crashes include the following:
- Failure to yield during lane changes and turns
- Distracted driving
- Rear-ending motorcycles
What Are Common Right-of-Way Violations That Cause Accidents?
Many accidents are caused by right-of-way violations, including the following:
- Failure to yield at intersections
- Running red lights and stop signs
- Left turn collisions
How Can You Prove a Right-of-Way Violation in a Pedestrian Accident Case?
When you’re a pedestrian who was injured in a right-of-way violation accident that wasn’t your fault, you can pursue compensation through a pedestrian accident claim or lawsuit against the party that injured you. You’ll need to prove that the driver violated right-of-way laws. You could use evidence such as the following:
- Accident reconstructionist reports
- Digital evidence from N.C. Department of Transportation traffic cameras or dashcam video
- Witnesses who saw the accident and who will give statements
Contact a North Carolina Car Accident Lawyer
When someone else injures you in an accident when you’re walking, you could file a pedestrian accident lawsuit to seek the money you need to treat your injuries and support yourself while healing. Although you can represent yourself, your best chance of success lies in hiring a pedestrian accident attorney.
For three generations, the attorneys of The Law Offices of John Drew Warlick, P.A., have represented injured people in North Carolina. We’ve obtained millions of dollars in awards and settlements for our clients during that time. We’re humbled by the kind words of our clients.
When you work with us, you’ll work directly with your lawyer throughout your case. We are client-centered. You’ll never have to wonder whether we’ll answer your calls or emails. Because we’re client-focused, we will meet you for your initial consultation in our office, at the hospital, in your home, or over the phone, whatever is convenient for you.
Call our office or contact us online today for your free consultation. We can get started on your case right away.
