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.

The law defines “right of way” as the privilege of the immediate use of the roadway.

The highway on which a person is driving at the time of the collision, a  through highway as defined by the statute.

An automobile on a through highway is approaching an intersection when it is so close to the intersection that, considering the rate of speed at which it is traveling, it would be reasonable to assume that a collision would occur if the automobile which stopped, as required, before entry onto the through highway moves onto the highway and into the path of the oncoming vehicle.

If the oncoming automobile on the through highway had entered the intersection, or was approaching it as here defined, it then became the duty of the driver entering the through highway to yield the right of way to the automobile on the through highway.

Wisconsin law states that when two vehicles approach or enter an intersection at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right.  The law does not make the right of way on the part of the vehicle on the right depend on whether it reaches or begins to enter the intersection first.

The phrase “approach or enter an intersection at approximately the same time” means the approach or entry of two vehicles toward or into the intersection so nearly at the same time that there is imminent danger of a collision if both vehicles continue their same courses at their same speeds.

If cars approach or enter an intersection at approximately the same time, then it is the duty of the driver of the car on the left to yield the right of way to the car on the right.  This duty requires the driver either to stop the automobile, if necessary, or to control and manage it so that he or she could yield the right of way to the vehicle within the zone of danger on the right and avoid colliding with it.

McCormick Law Office attorneys get the best settlements in intersection accident cases in Milwaukee, Wisconsin if the police accident report, witness statements, car damage and expert accident reconstruction evaluations are consistent with our client being in the right of way and the other guy causing the collision.