Who has the right of way?

2,327 Views | 33 Replies | Last: 6 hrs ago by 62strat
ErnestEndeavor
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One of those divided four lane roads with medians they keep installing all over the state. Vehicles often have to pull u-turns to get on the correct side of the road. In Texas, who has the right of way: Blue or yellow?



In this context there's no way for yellow to know whether blue is turning into the business or making a u-turn.
sodycracker
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AG
The most aggressive driver with the largest vehicle has the right of way
Jugstore Cowboy
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I think the vehicle that's already in the roadway first has the right of way, so the u-turner.
Gnome Sayin
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Yellow has right of way. conveyor belt is m00t
ChemAg15
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Legally blue has the right of way. Yellow has to wait to see if blue is going to make a U-turn before turning onto the road. If blue is a defensive driver he should expect yellow to be an idiot who doesn't know that he has to yield to U-turns here.

If yellow can make the right turn faster than blue makes the U-turn it shouldn't be an issue.
TecRecAg
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Blue. But they're both idiots, probably.
Anchorhold
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I do.
permabull
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I vote blue, but like ChemAg15 mentioned, I wouldn't trust yellow
Mayor West
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Is blue even allowed to make a u-turn there?
Tree Hugger
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but what if yellow has a "please be patient new driver" sticker on the back of their car? That makes them OK to do whatever right?
spieg12
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Mayor West said:

Is blue even allowed to make a u-turn there?


In Texas, u-turns are legal anywhere except where there is a sign specifically prohibiting it.
Tatem
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your mom
UTExan
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Blue. A vehicle executing a left turn must turn into the lane closest to the roadway center unless otherwise directed by traffic control signals/devices/markings. Yellow (right turn) must turn into the lane closest to the curb unless directed by signs/markings as indicated above.
“If you’re going to have crime it should at least be organized crime”
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TyHolden
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In Texas, biggest vehicle has the right of way. If you don't have an ID, you should probably yield to every-****ing-body
62strat
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ErnestEndeavor said:




In this context there's no way for yellow to know whether blue is turning into the business or making a u-turn.

First of all, the left turn in should be further ahead than the right turn out, like this example near my home (not in TX)


This would prevent blue from uturning directly into yellow. If a collision happened, it would be yellow fault, because blue would have already nearly completed the uturn by the time yellow decided to go out. If blue has not yet begun the u turn, then yellow can go safely since they are further ahead already.

The other option, especially if it's a high mph road, is to have an accel lane there for the right turner, that would solve the problem even if the uturn and right turns were lined up. You can't expect a person to turn directly into a lane with cars moving at a high rate of speed.
In the instance of an accel lane, if there was a collision in the accel lane, it's blues fault. If collision is in main lane, it's yellows fault.


So it sounds like TXDOT needs to just get their **** together and make these a bit more bullet proof, because your example is certainly ambiguous. I would side with yellow having ROW, since they are not expected to know what blue is doing, while blue absolutely knows what yellow is doing and so has opportunity to prevent the crash.
ChemAg15
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Its not about knowing what the other driver is going to do. Its about waiting your turn until you have the right of way. Its also not a matter of opinion, because blue 100% has the right of way in this state.
62strat
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ChemAg15 said:

Its not about knowing what the other driver is going to do. Its about waiting your turn until you have the right of way. Its also not a matter of opinion, because blue 100% has the right of way in this state.

According to some quick searches, I think you're wrong.

Law firm from San Antonio
https://crosleylaw.com/blog/u-turn-laws-in-texas-whos-at-fault-after-a-crash/

Quote:

To make a legal U-turn, a driver must:
  • Be in the far-left lane
  • Have a clear view of at least 500 feet in the direction of approaching traffic
  • Yield to oncoming traffic and comply with the traffic signal (if present)
  • Watch for drivers turning right on a red light if making a U-turn on a solid green light at an intersection
  • Watch for drivers turning right on a red light if making a U-turn on a green arrow at an intersection



Another law firm in Houston/Austin saying as such;
https://www.sutliffstout.com/what-to-know-about-u-turn-accidents-in-texas/

Quote:

How to Make a U-Turn at a Green Light
When a driver attempts to make a U-turn after approaching a light with a green arrow, They have to wait for any traffic on the left side, including vehicles making a right-hand turn, to clear.

How to Make a U-Turn in a Lane Without a Traffic Signal
According to Texas law, when making a U-turn in a lane without a traffic signal, the U-turner must yield to all other vehicles.

How to Make a U-Turn at a Median
Although these points are typically intended for U-turns, the driver attempting to make a U-turn must still yield to oncoming traffic.



In general, the uturning car is crossing established lanes, whereas a right turner is not. So the right turner is considered 'oncoming traffic' to the uturner.

If uturners always had ROW in TX, this sign wouldn't exist, seen in Victoria tx on Navarro St.

In this case, the local traffic enforcement has given right of way to the uturner.

There is also the angle that you can't make a legal uturn if you are forced off the roadway (putting you into the shoulder). In TX, you are not allowed to use the shoulder for general maneuvers (only to avoid collisions or for passing)
Looking at ops pic, many vehicles would not make this turn fully without going into shoulder. So the proper method is to make the left, turn around elsewhere, then come back for the right turn. I'm guessing only smaller sedans could make this uturn and stay within the lanes


Another source for good measure;
Peter Piper
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Yellow. Car making a u-turn has to yield to all traffic.
ErnestEndeavor
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That intersection is not a red light though. It's a business parking lot. The lack of traffic control device there makes a difference, doesn't it?
ErnestEndeavor
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Mayor West said:

Is blue even allowed to make a u-turn there?


Yes, and by design. TXDoT and localities are putting in these median systems all over the place. The objective is to keep people from turning left out of parking lots and side streets across the higher-speed four-lane roads.

They put these turn lanes into the median every once in awhile so that anyone forced to turn right out of a parking lot ir side street has a chance to make a u-turn to go the correct direction.

This is a new concept for a lot of people but unfortunately most don't really know the rules.
62strat
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ErnestEndeavor said:

That intersection is not a red light though. It's a business parking lot. The lack of traffic control device there makes a difference, doesn't it?
my quotes include non signaled situations.

I'm pretty sure 'How to Make a U-Turn at a Median' is describing exactly what the op posted. And they say must yield to all vehicles.
Granted, I'm not a lawyer. But these guys are.
Buck Compton
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62strat said:

ErnestEndeavor said:

That intersection is not a red light though. It's a business parking lot. The lack of traffic control device there makes a difference, doesn't it?
my quotes include non signaled situations.

I'm pretty sure 'How to Make a U-Turn at a Median' is describing exactly what the op posted. And they say must yield to all vehicles.
Granted, I'm not a lawyer. But these guys are.
Real crack team of lawyers here. Very detail-oriented…
Quote:

Although these points are typically intended for U-turns, the driver attempting to make a U-turn must still yield to oncoming traffic.
IIIHorn
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What about V turns?


( ...voice punctuated with a clap of distant thunder... )
DannyDuberstein
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Blue. They are on the road with right of way. This isn't rocket science. People who don't know the basics of right of way rules piss me off
Smeghead4761
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As noted above, per TRC:

Quote:

Texas Transportation Code - TRANSP 545.256. Emerging From an Alley, Driveway, or Building
Current as of January 01, 2024 | Updated by Findlaw Staff
An operator emerging from an alley, driveway, or building in a business or residence district shall:
(1) stop the vehicle before moving on a sidewalk or the sidewalk area extending across an alley or driveway;
(2) yield the right-of-way to a pedestrian to avoid collision; and
(3) on entering the roadway, yield the right-of-way to an approaching vehicle.



62strat
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DannyDuberstein said:

Blue. They are on the road with right of way. This isn't rocket science. People who don't know the basics of right of way rules piss me off
yet you're wrong lol.

Did you see the FB post from the Beaumont police dept. above? Do you think they are wrong and you are right?
DannyDuberstein
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It's Beaumont. Anything that close to Louisiana is half-******ed and doesn't know what the F is going on

I'll say it again, if you are coming from a side road or parking lot, yield to those on the main road. But yeah, feel free to cause an accident and then go "well, I saw this sign in Beaumont derp derp derp derp"
62strat
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DannyDuberstein said:

It's Beaumont. Anything that close to Louisiana is half-******ed and doesn't know what the F is going on

I'll say it again, if you are coming from a side road or parking lot, yield to those on the main road. But yeah, feel free to cause an accident and then go "well, I saw this sign in Beaumont derp derp derp derp"
so even if blue ends up off the road and using shoulder to complete U-turn (highly likely in rural Texas with large vehicle), you think they have row?

I posted 3 sources verifying blue has to yield, yet you think you are right still Because one of them is a small town near LA. Unbelievable.
DannyDuberstein
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If someone is not on the road, would they have ROW for that road? No.

Again, yield to folks on the road with ROW vs trying to treat it like the friggin tax code where it's yield other than exception i-A-2, ii-B-4, etc etc etc. Far fewer accidents that way.
aggiesherpa
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Based on my business law class with Swim, the correct answer is the USPS truck always has the right way.
ErnestEndeavor
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So yesterday I was at a similar intersection, the one that inspired my post. Layout is almost identical to the picture. I was turning out of the parking lot. Guy sitting in the turn lane waiting to pull a u-turn started waving, pointing his finger at me as if he was waiting on me, looking frustrated that I didn't go.

It's like the Wild Wild West out here, I tell ya.
one safe place
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Blue. But this situation is a prime set up for some pretty decent road rage. If yellow tries to take the right of way, the driver in the blue car would be justified in popping a few caps in his ass as he drove by the yellow car driver. One caution, I would suggest that if blue car driver has a passenger, he or she should ask the passenger to duck as he fired at blue car. Of course, window should be rolled down.
Husky Boy Jr.
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We have this intersection at the HEB in Lakeway and there is a sign facing yellow that says blue has the right of way. This issue was already settled but thought I would chime in
62strat
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Husky Boy Jr. said:

We have this intersection at the HEB in Lakeway and there is a sign facing yellow that says blue has the right of way. This issue was already settled but thought I would chime in

You're right this does solve it. A sign gives exception to the rule. Just like the Uturn itself. (it's legal, unless a sign is present saying it's not)

So normally, yellow has ROW, but if sign is present (like I posted above as well in Victoria), then the sign prevails.
If blue always had ROW, why would they put a sign up?
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