Intersection crashes, especially left turns across oncoming traffic, often turn on a few seconds and a few feet. In the auto accident cases we handle, the question is usually not whether someone broke a rule but which rule applied at that moment: the light, the sign, or the general right-of-way rules for an uncontrolled intersection. California's Vehicle Code answers that in a short set of sections.

This guide lays out those rules, how they work at signals, stop signs and uncontrolled corners, and how fault is shared when both drivers made mistakes.

How is right of way decided at an intersection, step by step?

  1. Identify the control. Was there a working traffic signal, stop signs on all or some approaches, a yield sign, or nothing? Each has its own rule.
  2. At a signal, read the light each driver faced. A driver facing a steady red must stop at the limit line and stay stopped until allowed to proceed (Vehicle Code 21453). A yellow warns that the green movement is ending (Vehicle Code 21452). Even on a green, every driver, including one turning, must yield to other traffic and pedestrians lawfully within the intersection (Vehicle Code 21451).
  3. For a left turn, apply the yield rule. The turning driver must yield to all oncoming vehicles close enough to be a hazard at any time during the turn (Vehicle Code 21801(a)).
  4. At a stop sign, stop and then yield. The driver must stop, then yield to vehicles approaching from another road close enough to be an immediate hazard (Vehicle Code 21802).
  5. At an uncontrolled intersection, apply the first-in rule. A driver must yield to a vehicle that has already entered from a different road, and at the same time the car on the left yields to the car on the right (Vehicle Code 21800).
  6. Divide responsibility if both drivers were careless. The jury assigns percentages that total 100 percent, and each person's recovery is reduced by their own share (CACI 405 and 406).

Which rule applies where?

SituationWho must yieldVehicle Code
Left turn or U-turnThe turning driver, to oncoming vehicles close enough to be a hazard, until the turn can be made safely21801(a)
After yielding and signaling, the turn beginsOncoming drivers must then yield to the turning vehicle21801(b)
Green lightEvery driver, including a turning one, to traffic and pedestrians lawfully within the intersection21451(a)
Steady red lightStop at the limit line; a right turn on red (or left from one-way to one-way) only after stopping and yielding21453
Stop signStop, then yield to vehicles close enough to be an immediate hazard21802
Yield signYield to vehicles in or close to the intersection21803
No signs or signalsYield to a vehicle already in the intersection; at the same time, the left car yields to the right; a terminating road yields to a continuing one21800(a) and (b)
All-way stop, two cars at onceThe car on the left yields to the car on the right21800(c)
Signal not workingEvery driver stops, then proceeds with caution; at the same time, left yields to right21800(d)

Is the left-turning driver always at fault?

Not always, though the left-turn rule puts a heavy duty on the turning driver. The turning driver must yield to oncoming vehicles "close enough to constitute a hazard at any time during the turning movement" (Vehicle Code 21801(a)). Once a driver has yielded and signaled, the statute gives the turning vehicle the right of way, and oncoming drivers must yield to it (Vehicle Code 21801(b)).

Fault can be shared when the oncoming driver was speeding, ran a red light, or entered on a late yellow and could not stop. The basic speed law requires every driver to drive at a speed reasonable for traffic and conditions (Vehicle Code 22350). A jury may also consider that every person may expect others to use reasonable care and obey the law unless they know, or should know, otherwise (CACI 411). The oncoming driver who comes through far too fast may not be able to rely on the turning driver's duty to yield.

What about right turns and turns on red?

A right turn on red is allowed only after a full stop, unless a sign prohibits it, and the turning driver must yield to pedestrians lawfully within an adjacent crosswalk and to any vehicle approaching so closely as to be an immediate hazard (Vehicle Code 21453(b)). The same rule allows a left turn on red from a one-way street onto another one-way street.

A right turn on a green light carries the same duty to yield to pedestrians and other traffic lawfully within the intersection (Vehicle Code 21451(a)). Every turn must also be made only when it can be made with reasonable safety and after an appropriate signal (Vehicle Code 22107). Crashes during right turns often involve cyclists or pedestrians next to the turning car, which is why the details of where each person was matter.

What evidence decides who had the right of way?

The light each driver faced at the moment of entry is often the central question, and memories conflict. Independent witnesses, video from traffic or business cameras, the position of the vehicles after the crash, and the damage pattern can resolve it. The agency that runs the signal may have timing records for it, so it helps to ask early.

The crash report may record each driver's statement and the officer's view of the cause. Our guide on how to get the crash report in Sonoma County explains how to request it. If the crash involved a pedestrian in a crosswalk, a separate set of rules applies; see when a driver must yield to a pedestrian.

What changes the answer?

A broken traffic rule caused the crash. When a driver's violation of a statute causes the kind of harm it was meant to prevent, negligence is presumed unless the violation is excused (Evidence Code 669; CACI 418).

The signal was out. The intersection becomes a stop for every direction, and the left-yields-to-right rule decides simultaneous arrivals (Vehicle Code 21800(d)).

A dangerous intersection design or a hidden sign contributed. A public entity may be responsible for a dangerous condition of public property, and the claim is due within six months (Government Code 911.2). See crashes involving a dangerous road.

A cyclist or motorcyclist was involved. The same right-of-way rules apply, with additional rules for bicycles; read who is at fault when a car hits a cyclist.

More than two vehicles were involved. Each driver's share is assigned separately; see who pays when several drivers caused the crash.

What could this look like? An example

For example, imagine a driver turning left from Old Redwood Highway on a green light, without a green arrow. An oncoming pickup enters on a yellow, traveling well over the speed limit, and the two collide in the middle of the intersection.

The turning driver had to yield to oncoming vehicles close enough to be a hazard (Vehicle Code 21801(a)), and the pickup was close. But the pickup driver also had to keep a reasonable speed (Vehicle Code 22350), and a yellow only warns that the green movement is ending (Vehicle Code 21452). Video from a gas station shows the pickup's speed. A jury might assign the turning driver 40 percent and the pickup driver 60 percent, and each driver's own damages would be reduced by their own share. This example is made up to show how the rules fit together; it says nothing about any real case.

What mistakes do people make after an intersection crash?

  • Not noting the color of the light, or whether it had just changed, while it is fresh.
  • Leaving without names of witnesses who saw the light.
  • Not asking nearby businesses to keep their video before it is recorded over.
  • Admitting fault at the scene when the other driver's speed is not yet known.
  • Assuming the left-turning driver can never recover anything.

What should I do this week?

  1. Draw a simple diagram: lanes, signals, where each car came from and where it ended up.
  2. Write down what light or sign you faced and what you saw the other driver do.
  3. Send written requests to nearby businesses to keep video from that time.
  4. Get the report number and request the crash report.
  5. See a doctor and keep every record.
  6. Read our guide on whether a rear-end collision is always the other driver's fault for how shared fault is weighed.

Frequently asked questions

Who goes first at a four-way stop?

The first vehicle to stop and enter goes first. If two vehicles arrive at the same time, the driver on the left yields to the driver on the right (Vehicle Code 21800(c)).

Can I turn left on a yellow light?

A yellow light warns that the green movement is ending or a red is coming (Vehicle Code 21452). A driver already lawfully in the intersection waiting to turn must still yield to oncoming traffic close enough to be a hazard before completing the turn.

Who has the right of way at a T-intersection?

A driver on the road that ends (the terminating highway) must yield to vehicles on the road that continues (Vehicle Code 21800(b)).

Does a green light mean I cannot be at fault?

No. Even on a green, every driver must yield to other traffic and pedestrians lawfully within the intersection (Vehicle Code 21451(a)), and must keep a reasonable speed (Vehicle Code 22350).

Can I recover if I was partly at fault?

Yes. California reduces your recovery by your percentage of responsibility rather than barring it (CACI 405).

What if the other driver was on the job?

An employer can be responsible for an employee's driving within the scope of the job. See whether you can hold the driver's employer or the car's owner responsible.

How long do I have to bring a claim?

Generally two years for an injury (Code of Civil Procedure 335.1), or six months for a claim against a public agency. See California personal injury deadlines.

If you were hurt in an intersection or left-turn crash, contact Young Law Group today at (707) 343-0556 or through our contact page for a free consultation.

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