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Automobile Collisions / Workers' Compensation

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Right of Way Archives

Right of Way Rules of the Road

Right of way is often a contested issue in Wisconsin automobile accident cases. The next two posts will go straight to the Wisconsin DOT Motorists Handbook for the straight answers. As explained below, right of way is really the flip side of failure to yield. The law says who must yield in certain traffic situations, it does not confer special rights to the other driver. 

Green Light Right of Way

In Wisconsin right of way at a green light has several rules of the road in a MVA case. Under WCJI 1191, a driver entering an intersection with the light in his or her favor does not have an absolute right of way.  The driver, when entering the intersection, has the duty of maintaining an efficient lookout to determine the presence of other vehicles approaching his or her course of travel and must also exercise reasonable judgment in calculating the distance and speed of any approaching vehicles so as to determine whether such approaching vehicle will run the light.  If after such lookout and calculation it is apparent that the approaching vehicle is going to run the light, then the driver having the light in his or her favor must exercise ordinary care in an attempt to avoid a collision. If the driver entering the intersection with the light in his or her favor properly determined that any automobile approaching the intersection was traveling at such speed and was at such distance from the intersection that the approaching driver could, as a matter of physical fact, yield the right of way if the driver responded to the red light, then the driver with lights in his or her favor, after entering the intersection, need not make continuing observations to either side for approaching traffic.

Who Has Right of Way at Intersection Accident

Who has right of way at intersection accident in Wisconsin is answered by the driver of a car shall stop before entering street or highway and shall yield the right of way to other vehicles which are already traveling on and approaching the intersection upon the through street or highway where you are entering.

Who Has Right of Way at Intersection

The answer to who has right of way at an intersection car accident in Wisconsin, is determined by a safety statute providing that the driver of a vehicle shall stop before entering a through highway and shall yield the right of way to other vehicles which have entered or are approaching the intersection upon the through highway.

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