# Right-of-way

> The right-of-way is the legal right to go first at a crossing, intersection or lane. Who has it, and why breaking the rule can be evidence of fault.

Canonical page: https://accidentclaimfacts.com/glossary/right-of-way/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

The right-of-way is the legal right to go first, for example through an intersection, across a crosswalk or into a lane. State traffic laws decide who has it in each situation and who must yield.

## In a car accident claim

Many crashes come down to who should have yielded: a driver turning left across oncoming traffic, a car pulling out of a side street, or a driver who did not stop for a pedestrian. When a driver breaks a right-of-way rule, that can be strong evidence of fault, and in some states a traffic-law violation can count as negligence per se.

Having the right-of-way does not excuse carelessness. Texas, for example, requires every driver to exercise due care to avoid colliding with a pedestrian on a roadway, whatever the other rules say. If both drivers made mistakes, the state's fault rule decides how the blame is shared; the [fault-rule explainer](https://accidentclaimfacts.com/tools/fault-rule-explainer/) shows how.

Right-of-way rules for people on foot and on bikes are covered in the guides to [pedestrian accidents](https://accidentclaimfacts.com/accidents/pedestrian-accidents/) and [bicycle accidents](https://accidentclaimfacts.com/accidents/bicycle-accidents/).

The same phrase has a second legal meaning: the right to pass over someone else's land, usually through an easement. That meaning has nothing to do with traffic.

## Example

> **Example:** A driver turns left at a green light without a turn arrow and is hit by an oncoming car going straight. The turning driver usually had to yield, so the crash report and the insurers start from that rule. If the oncoming car was speeding, part of the fault may be shared.

## Related terms

- [Negligence](https://accidentclaimfacts.com/glossary/negligence/)
- [Comparative negligence](https://accidentclaimfacts.com/glossary/comparative-negligence/)
- [Crash report](https://accidentclaimfacts.com/glossary/crash-report/)

## FAQ

### Do pedestrians always have the right-of-way?

No. Most states give pedestrians the right-of-way in crosswalks, but a person crossing outside a crosswalk often must yield to cars. Drivers still have a duty to take care to avoid hitting anyone.

### Does a ticket for failure to yield prove fault?

Not by itself, but it is evidence an insurer or a court can weigh. The ticket is decided in traffic court, while fault for the claim is decided separately.

## Sources

- [Cornell Law School, Legal Information Institute, Right of way](https://www.law.cornell.edu/wex/right_of_way) — traffic and property meanings; pedestrians and yielding
- [Texas Legislature, Transportation Code § 552.008](https://tcss.legis.texas.gov/resources/TN/htm/TN.552.htm), checked October 29, 2026