Colorado law, as outlined in section 102 of the Colorado Revised Statutes, defines "right-of-way" as the privilege granted to one vehicle operator or pedestrian to proceed in a legal manner over another in situations where the potential for a collision exists due to factors such as direction, speed, and proximity. This is stated in C.R.S. 42-1-102(82).

The right-of-way laws and 4-way stop rules in Colorado play a vital role in regulating traffic and preventing chaos on the roads. Despite their significance, many drivers struggle to comprehend basic instructions, such as determining who has the right of way at a stop sign or when to yield to pedestrians.

Unfortunately, this lack of understanding frequently leads to accidents, as drivers fail to yield appropriately. Following right-of-way and 4-way stop rules not only contributes to safer roads but also protects your rights in case of an accident. If you're involved in a collision due to another driver's negligence regarding right-of-way, understanding these rules can be crucial when speaking with an accident lawyer.

What Are the Colorado Right of Way Laws & When Do They Apply?

In simpler terms, public right of way laws in Colorado are the legal guidelines that all drivers must adhere to in a specific area. These regulations are designed to ensure the safety of drivers and pedestrians and to maintain a peaceful flow of traffic on the roads.

In the event of a traffic incident, the right of way laws will likely be applied to determine who is at fault. In Colorado, how the "rules of the road" are applied depends on where a road is situated.

Generally, local municipalities, like cities and counties, have the authority to regulate traffic on their streets. The state constitution grants cities the power to manage vehicular traffic within their boundaries.

Municipalities are encouraged to follow the Model Traffic Code for Colorado, found in C.R.S. 42-4-101, et seq. While cities can choose to adopt the State's Model Traffic Code, they are not permitted to establish rules that conflict with the Model Traffic Code on streets labeled as "state highways."

If a roadway is not a state highway, and there's a conflict between a state traffic statute and a city's ordinance, the local ordinance takes precedence. This means that the city's rules will be followed instead of the state's, as established in the case of City and County of Denver v. Henry, 38 P.2d 895 (Colo.1934).

Navigating Intersections: Your Right of Way

Intersections are a common part of driving. They happen when two roads meet, and in Colorado, they can be controlled by traffic signals or stop signs. Yet, in certain areas like neighborhoods, you might encounter uncontrolled intersections.

No matter the type, the state of Colorado has rules about who gets to go first. Let's break it down:

Stop Signs:

• If you see a stop sign at an intersection, you must fully stop.
• If the other traffic doesn't have a stop sign, wait until the intersection is clear before proceeding.
• Right of way at 4 way stop signs, yields to any vehicle already in the intersection.
• If multiple vehicles arrive at a four-way stop, give the right of way to the one on your right.

Traffic Lights:

• When facing a red light, it's pretty clear - stop.
• Making a right or left turn? Yield to oncoming traffic, unless you have a green arrow.
• A flashing yellow arrow means yield.
• When turning right on a red light, yield to traffic already in the intersection, including turning or straight-going vehicles and pedestrians.

Uncontrolled Intersections:

• Some intersections have no stop signs or traffic lights. Approach with caution.
• Slow down and yield to any vehicle already in the intersection.

Remember, understanding these rules helps keep everyone safe on the road. Drive responsibly!

Understanding Pedestrian Right of Way Laws in Colorado

When it comes to pedestrian right of way laws, it's essential to clear up a common misconception – despite the popular saying, pedestrians don't always have an automatic right of way.

However, this doesn't mean drivers can disregard pedestrians in the roadway. Both pedestrians and drivers must follow specific rules outlined in pedestrian right of way laws. Here's a breakdown:

Intersections with Signals

Pedestrians can cross when facing a green traffic signal, regardless of the presence of a crosswalk. However, this doesn't apply if the signal is a green arrow.

Intersections with Walk Signals

Pedestrians should only enter the intersection when the walk signal is on. Crossing is a no-go if the signal shows "stop" or "wait."

Crosswalks Without Traffic Devices

Vehicles must yield to pedestrians in a crosswalk if the pedestrian is on the side of the roadway the vehicle is traveling.

No Crosswalk, No Traffic Device

In this scenario, pedestrians should always yield to oncoming traffic.

Remember, these rules exist to ensure safety for both pedestrians and drivers on Colorado roadways. Following them helps create a smooth and secure flow of traffic. So, whether you're on foot or behind the wheel, understanding and respecting pedestrian right of way laws is crucial for a safer road experience.

Special Vehicles and Right of Way

When you're on the road, it's important to understand the rules that apply to certain special vehicles. This includes emergency vehicles, school buses, and trains. Let's break down the rules in a simpler way:

Emergency Vehicles

If you see an emergency vehicle coming from any direction, pull over to the right side of the road. Stay there until the emergency vehicle has passed.

School Buses

When a school bus has its red lights flashing, or if the bus has its stop sign arm extended, all vehicles must come to a stop.

Trains

Never try to cross railroad tracks when safety gates are lowered. It's against the law.

If there are no safety gates, yield to the train if you see it or if you hear the train engine making noise as it approaches the intersection.

By following these rules, you're helping to keep the road safe for everyone.

Where Do Right-of-Way Accidents Occur Most?

According to a recent report by the United States Department of Transportation, right-of-way accidents are most common at intersections. In the last published records of 2020, out of the 38,824 traffic fatalities in a year, more than a quarter took place at intersections.

Interestingly, a higher number of fatalities occurred at unmarked intersections compared to controlled ones. While intersections top the list, other locations where these accidents occur include:

• On ramps: As drivers try to enter or exit the road, they must yield to oncoming traffic. Accidents often happen when a merging vehicle cuts in front of a vehicle already on the highway.
• Crosswalks: A frequent cause of accidents in crosswalks occur when drivers fail to check before making a right turn. It's crucial to remember that when the light is green and a driver wants to turn, pedestrians have the right of way.
• Parking Lots: Lots can be confusing with their crisscrossing lanes, pedestrians, and vehicles moving in all directions. Accidents are common in these areas, especially since many parking lots lack traffic control devices and crosswalks. In parking lots, vehicles on the main through way have the right of way, while those backing up on feeder aisles should yield to other vehicles.

Common Causes of Right of Way Accidents

Accidents at right-of-way intersections don't always happen because drivers ignore the rules. Often, they result from various contributing factors, including but certainly not limited to the following causes.

Distracted Driving

According to the latest report from the Colorado Department of Transportation, 10,166 crashes involved a Colorado distracted driver, resulting in 1,476 injuries and 68 deaths. When drivers take their eyes off the road, they reduce their reaction time, making it more likely to miss other vehicles entering the intersection.

Poor Visibility

Some accidents occur simply because one driver didn't see the other. All drivers bear the responsibility of ensuring road safety. Factors leading to poor visibility include adverse weather conditions like heavy rain, fog, snow, as well as driving at night, navigating around large trees or buildings, encountering blind spots, etc.

Speeding

Speeding is a significant issue in the United States, leading to thousands of deaths annually. A new study from Forbes Advisor revealed that Colorado ranks #2 for auto accident fatalities due to speeding. This is primarily due to the fact that speeding reduces reaction time and increases stopping distance. Drivers approaching intersections too fast may be unable to stop in time, resulting in deadly consequences.

Driving Under the Influence (DUI)

DUI is a selfish and dangerous act that significantly increases the risk of accidents. In 2023, The Colorado Department of Transportation reported 227 impaired driving deaths, which was a 21 percent decrease from 2022. This is trending in the right direction, but still a major cause of right of way accidents because impaired drivers experience slowed reaction time, poor decision-making, difficulty concentrating, poor muscle control, blurry vision, memory loss, and difficulty processing visual information.

Driver Inexperience

Accidents can happen when drivers are unfamiliar with traffic rules and road situations. This may occur when drivers are newly licensed or are unfamiliar with the area, especially in cases involving broken, unmarked, hidden, or unclear traffic control devices.

In Colorado, right-of-way laws play a crucial role in maintaining safety on the roads by dictating who has the legal right to proceed in various traffic situations, ensuring smooth and organized flow of vehicles. Whether at intersections, crosswalks, or merging lanes, drivers must adhere to the established right-of-way rules.

Failure to yield when required can lead to accidents and endanger the lives of both motorists and pedestrians. By understanding and respecting these laws, drivers contribute to a safer driving environment for everyone. So, whether cruising through the bustling streets of Denver or navigating the scenic mountain roads, it's essential to drive responsibly and prioritize compliance with Colorado's right-of-way regulations.

Remember, even when you follow the rules, accidents can still happen due to another driver's negligence. If you're ever involved in a collision, understanding right-of-way laws can be crucial when speaking with a car accident lawyer. Don't hesitate to call a car accident attorney to ensure your rights are protected, and you receive fair compensation for any damages.