Accident Helpers Blog

4-Way Stop: Who Has The Right of Way?

Written by Nicole Gant | Oct 24, 2024 11:25:45 AM

Navigating a four-way stop can terrify even the most experienced drivers, especially at busy intersections. However, with a good understanding of 4-way stop rules, you can confidently make the right and safest decision every time. 

The primary source of confusion at 4-way stops is figuring out who should enter the intersection first, assuming there are cars on all sides, and since there are no traffic signals to give explicit directions. This legal right to proceed into an intersection in these situations is known as right-of-way, and in this article, we discuss all you need to know about it. 

Who Has The Right Of Way In a 4-Way Stop?

Right of way at a 4-way stop is determined by the first arrival, popularly called the “first come, first serve rule.” It applies across all states and generally means that the vehicle that arrives at the stop sign first has the right of way. This means that drivers should move through the intersection in the order of arrival. 

However, the full application of the rule requires drivers to first come to a complete stop. Then, they can only proceed if there is no traffic in the intersection or traffic so close to the intersection that the driver’s continued movement will constitute a hazard. 

This rule can be found in laws like Florida’s Fla. Stat. § 326.123(b), which specifies that the driver of the first vehicle to stop at a four-way intersection shall be the first to proceed. Similarly, Oregon’s Or. Rev. Stat. § 811.260(15) requires drivers approaching a stop sign to stop before entering the intersection.   

4-Way Stop Rules

There are some other basic rules for navigating 4-way stops that are generally consistent across the country, although there might be slight variations depending on the state. In most jurisdictions, the following rules apply to help determine which vehicle should proceed first at a 4-way stop in different situations:

Yield to the Right

But when two drivers arrive at an intersection simultaneously, the driver on the right has the right of way. All state laws contain similar provisions on this rule—California’s Cal. Veh. Code § 21800(c) categorically states that at stop sign intersections, a driver should yield to the vehicle on their right if both vehicles approach the intersection simultaneously from different highways. Louisiana’s La. Stat. Ann. § 32:123(c) contains a similar provision. 

Keep in mind that this rule only applies to cases where the vehicles arrive from different directions. However, when two drivers are directly across from each other, neither can yield to the driver on the right because they are both on the right side of each other.

So, the driver turning right or going straight should proceed before the driver turning left, and if they are both going straight, they can proceed simultaneously. 

Tiebreaker Rule for Three-Way Arrivals

In the rare event that three or more vehicles arrive simultaneously, drivers must yield first to the vehicle on the right and move in a clockwise direction. In other words, the driver with no car to their right has the right of way and should proceed first. 

Rules for Pedestrians and Cyclists

Since pedestrians and cyclists could easily suffer injury without extreme caution, drivers must exercise caution when cyclists or pedestrians are around. Pedestrians at 4-way stop intersections always have the right of way, but they should only cross the road after ensuring safety. 

However, most states legally treat cyclists as drivers and require them to follow the same traffic flow. In Illinois, for instance, the Bicycle Rules of the Road for 2024 require cyclists to come to a complete stop at 4-way stops, yield to traffic with the right of way, and signal their intentions before turning. 

When you must yield the right of way

Certain situations require you to yield whether you possess the right of way or not, and they are just as important to know. These situations include when emergency vehicles like police vans or ambulances with flashing lights or sirens are approaching; when pedestrians are in or about to enter the crosswalk; or when other vehicles are already turning into or in the intersection.

What To Do If There's An Accident At A 4-Way Stop

Suppose you’re ever involved in an accident at a 4-way stop intersection. In that case, it is necessary to take specific steps to ensure that you do not inadvertently commit a crime and can secure insurance compensation for any damages you suffer. The steps are:

Remain at the scene

Leaving the scene of an accident immediately after is a crime and can lead to a felony or misdemeanor charge against you. You must stop after an accident to assess the damage and provide any assistance that you can give to any party that has been injured.

If no one has died or been injured, you can park your vehicle at the side of the road to avoid further traffic disruption. 

Call the police

If, after assessing the accident, you discover someone is dead, has suffered an injury, or there has been significant property damage, call the police immediately. You must remain at the scene until they arrive and try to offer as much first aid as you can until they arrive.

Exchange information

You are also legally required to exchange some important information with the other driver(s). This information should include your name, address, vehicle registration number, and insurance information - specifically, your insurer's name and insurance policy number. If the other driver(s) request to see your license, you must also show it to them. 

Document the scene

Gathering as much evidence as you can after an accident is crucial to making a substantial claim. So you should take pictures of the vehicles, the impact site, and any other fact that you believe will be relevant to your claim. If there were any eyewitnesses to the accident, you should also try to get a signed or recorded statement from them along with their names and contact information.

Seek medical attention

Even if you feel fine immediately after the accident, visiting a doctor as soon as possible is crucial. Some accident injuries may not be apparent for weeks after the accident, and at that point, your claim may have been settled leaving you with no recourse for the medical bills you incur after the accident.

Report the accident and consult a lawyer

Different states have different reporting requirements depending on the extent of damages suffered due to the accident. After taking all the steps we’ve highlighted above, you should get and consult a car accident lawyer who can advise you on how you need to report, estimate your claim, and initiate the claim filing process. 

How Liability Is Proven 

Proving liability in an accident at a 4-way stop often involves gathering and analyzing various forms of evidence. Here are the key factors that help establish who is at fault:

  • Police report: Any responding officer will be tasked with creating an official report after investigating the accident. To do this, officers will take the accounts of both parties and examine the crash. 

They then include their observations in the report, and those details can further support your case. Insurance claim adjusters often rely on these official reports to get a full picture of what happened, so they significantly impact the claims process.

  • Witness statements: Bystanders who saw the accident can provide impartial accounts of what happened. Their testimony can clarify disputes between drivers over who had the right of way. Independent witnesses add credibility to your version of events, especially when there are conflicting stories.
  • Traffic camera footage: In some areas, traffic cameras may have captured the accident. This footage can provide undeniable proof of who had the right of way and who violated traffic rules. You should act quickly through your lawyer to request this footage, as it is often deleted or overwritten after a certain period. 
  • Vehicle damage and skid marks: The position of the vehicles, along with the extent of damage sustained, can provide clues as to which driver was at fault. Skid marks, for instance, can reveal whether one driver tried to stop or show whether they were traveling too fast to do so.

Expert investigators can often determine the point of impact and reconstruct the events leading up to the accident simply by analyzing the angles and impact of contact. 

  • Comparative negligence laws: Most states use comparative negligence laws, so the fault may be divided among the drivers if they both contributed to the collision. Even if one driver had the right of way, they may still share some responsibility if they were speeding or distracted at the time of the accident. 

How The Accident Helpers Can Help You

If you are involved in an accident at a 4-way stop, don’t let uncertainty about right-of-way rules or concerns about shared fault stop you from pursuing the justice you deserve. 

At The Accident Helpers, we can help you find a lawyer determined to help you secure the compensation you deserve. The best part is that our services are completely free. So reach out to us today!